Exceed PCA 49(1)(f) and 49(1)(b) – Fine Without Conviction

This is a case study on drink driving offences resulting in a financial penalty without conviction.

What is alleged to have occured?
Our client was driving along High Street in Preston when he was stopped by the police for a random breath test. He was found to have a blood alcohol concentration of 0.23% and was eventually charged with:

  • Exceed PCA 49(1)(f)
  • Exceed PCA 49(1)(b)
What happened at court?
We acted on behalf of the client at the Heidelberg Magistrates’ Court.

Our client had no prior convictions. He had a noteworthy plea material supported by outstanding references. We submitted to the court that our client had made a poor judgment in driving the short distance to his home, but that he is otherwise a responsible and law-abiding citizen on all other accounts. Evidence was provided to show our client’s extensive unpaid community work which attests to his excellent character and contributions in the community.

What was the result?
The magistrate ultimately imposed a fine without conviction. Our client’s licence was also cancelled and disqualified for the statutory minimum of 23 months. This was a good result as the likely sentence for such a case would involve a conviction considering the high blood alcohol concentration involved. This outcome was obtained largely due to the excellent references and testimonials that were thoroughly prepared before the hearing.
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