DUI and Exceed PCA – CCO

Our client was facing multiple traffic offences including the following drink driving charges:

  • Driving Under the Influence
  • Exceed Prescribed Concentration of Alcohol 49(1)(b)
  • Exceed Prescribed Concentration of Alcohol 49(1)(f)
What is alleged to have occured?
She was found to have a blood alcohol concentration of 0.2%. Part of the allegations against her include that she was driving with her son in the car and that she nearly missed a telephone pole due to erratic driving. The other non-drink driving charges filed against her were Reckless Conduct Endangering Serious Injury and Dangerous Driving.

She pleaded guilty to both Exceed PCA and Reckless Conduct Endangering Serious Injury charges. We acted on her behalf at the Heidelberg Magistrates’ Court.

What happened at court?
We made submissions to the court detailing the circumstances of our client at the time of and after the offending. She was suffering from a psychiatric illness and had already undergone rehabilitation following the offence. A recent failed relationship has also been causing her sustained episodes of depression. We tendered a psychiatric report to support these mitigating factors including several character references from family members.

It was also highlighted that our client had no history of any criminal offending.

What was the result?
We were successful in avoiding a term of imprisonment. Our client received a Community Corrections Order, without conviction, and a licence disqualification for 24 months.
DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 20/03/2020