No conviction for Mid Range Drink Driving

Our client is a 55 year old builder from Sydney’s western suburbs.

On Friday afternoon he attended a pub with a group of workmates. While there, he consumed several schooners of beer over the course of the evening. He waited for a period of time before getting into his vehicle and driving towards his home.

Unfortunately, he was stopped by Police for the purpose of a random breath test and registered a reading of 0.125.

He was charged with driving with a middle range concentration of alcohol and contacted our office for representation.

We immediately explained that he would require character references speaking to:

1. his usual consumption of alcohol being moderate;
2. generally, if he was drinking any alcohol at all he would not drive;
3. how the loss of his licence would impact his employment and ability to provide for his family.

He also prepared an apology letter to the Court based on our in-house guide. We also arranged for him to complete the PCYC traffic offender program. This program spans 6-weeks and is recognised by the Court’s as being more intensive than the 2-day courses.

In Court, we made detailed submissions seeking a non-conviction order.

The magistrate indicated that it would be very unusual to deal with this matter by way of a non-conviction.
Nonetheless, our advocacy was able to persuade the Court not to record a conviction.

Our client was released on an 18 month conditional release order, which means there is no conviction, no fine and no loss of licence.

He and his family were overjoyed with the result.