Exceed PCA 49(1)(b) and 49(1)(f) – Fine With Conviction

This is a case study on Exceed PCA charges committed for the 4th time, but nevertheless led to a good result in a way of a fine without conviction.

What is alleged to have occured?
Our client was facing charges of Exceed PCA 49(1)(b) and 49(1)(f). He was caught during a random breath test while driving to see his elderly mother. Prior to this, he had drunk two VB stubbies and received a phone call notifying him that his mother had a fall.

It was also the client’s 4th drink driving offence and, on a previous related charge in 2006, he already received a suspended term of imprisonment.

What happened at court?
We represented the client at the Broadmeadows Magistrates’ Court.

What was the result?
The magistrate imposed a fine with conviction. This was a very good result for the client considering that it was his fourth 0.5 offence and especially that he had already been given a term of imprisonment during his last drink driving charge.
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