Repeat mid range drink driving offender gets non-conviction section 10 and keeps licence

Our 33 year old client is employed on a full time basis as a concrete driver. In November 2022, our client was charged with drive with middle range PCA (first offence) after pulling into an RBT lane the morning after consuming alcoholic beverages. Our client’s driver’s license was suspended ‘on the spot’ and he was issues with a Court Attendance Notice to appear before Windsor Local Court for the charge of mid range drink driving.

Drive with Middle Range PCA is an offence for driving with a blood alcohol concentration between 0.08 and under 0.150 for unrestricted license holders. It is a serious offence which carries the following maximum penalties:

  • Fine of $2200
  • Imprisonment for 9 months
  • Automatic Disqualification of the drivers license for 6 months (minimum of 3 months)
  • Mandatory interlock license period of 12 months.

Given the nature of our client’s employment, our client was extremely concerned about the consequences a conviction would have on his livelihood and ability to service his mortgage and car repayments. Further, our client did not have the benefit of an unblemished criminal record or a limited driving record, as he had multiple and consistent infringements on his record, including a previous instance of drive with middle range PCA.

Our client contacted our CDLA Sydney office, and after an initial free consultation with our senior lawyer Bashir El Kheir, be commenced preparation on his case which was listed at the Windsor Local Court. In preparation for the court matter, our Bashir guided our client as to what should be prepared to present the best possible case. This included letters of apology, letters of support from various individuals, evidence of employment, evidence of treatment, a traffic offenders intervention program certificate amongst others.

At Court, our Bashir tendered all of the carefully prepared documents and made extensive and convincing oral submissions to the Magistrate. This included the extenuating circumstances of the offence, our client’s prospects of rehabilitation and his likelihood of reoffending. More importantly, our Bashir carefully addressed our client’s prior criminal and traffic records to persuade the Court that this particular offence ought to be considered in a different category to his prior offences. Bashir also made submissions concerning our client’s unique circumstances, and the overwhelming impact that a conviction, disqualification and interlock period would have on our client’s livelihood. Ultimately, Bashir sought that his client’s matter be dealt with by way of a good behaviour bond, without proceeding to record a conviction on his record, allowing him to also keep his licence to drive despite the need for general deterrence in matters of this type.

The Magistrate ultimately agreed with our Bashir’s persuasive in court submissions and arguments, and granted the order as sought. This meant that despite his prior drink driving offence and lengthy traffic record, our client would not face any fine, disqualification period, nor an interlock license for this offence. Our client was extremely relieved as he would be able to return to his usual form of employment, and to return to driving immediately. This was an exceptional outcome received at the Windsor Local Court following an extremely well-prepared case, and strong submissions as prepared by our office on behalf of our client.


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