Exceed PCA as Alternative to DUI
This is a case study on Exceed PCA as an alternative to a DUI charge.
Our client was before the court facing drink driving offences and a Careless Driving offence due to a minor crash. Specifically, the charges were drink driving offence alternatives and Driving Under the Influence. This charge has a mandatory licence suspension of 24 months.
The client was also charged with the more commonly used drink driving offence that is referred to as Exceed PCA, as an alternative. The Exceed PCA offence has a mandatory minimum suspension that is based on the reading of alcohol in the blood. For this client, it was a 19-month minimum suspension.
This client had no criminal or traffic priors and relied on using their vehicle during work hours to work as a consultant on building sites. Therefore, the client wanted the matter to resolve on the Exceed PCA offence as it had a lessor suspension period than the alternative.
Greer Boe represented the client at the Melbourne Magistrates’ Court. The charges were:
We met with the client early on and obtained personal instructions regarding their circumstances. This meeting meant that we were able to assist them with asking the right people to provide character reference letters for court. Before the matter went to court, we contacted the prosecution and negotiated the charges. Ultimately, we successfully resolved the matter on the Exceed PCA offence and the Careless Driving charge.
The matter was listed for a plea of guilty for the charges of Exceed PCA (drink driving) and Careless Driving. We tendered letters of support on behalf of the client which attested to their otherwise good character and strong work ethic. Greer also made submissions at the plea in mitigation, addressing the sentencing magistrate on how a loss of licence will affect the client’s employment and the fact that they have no prior convictions.
A fine was imposed for the offending and the client was given the opportunity to directly arrange a payment plan with Fines Victoria. The presiding magistrate was also persuaded to keep the licence suspension at the mandatory minimum of 19 months.
This was an excellent result. Successfully using Exceed PCA as an alternative to the DUI charge had a significant impact on the outcome of the case followed by the other submissions made on the client’s behalf. Apart from the reduced licence suspension period, there was also no criminal conviction imposed against the client.
Greer has an extensive exposure to indigenous communities and is a fearless advocate. She has been involved in social justice organisations and believes in restorative justice as a pathway to rehabilitation.
Visit Greer's profile to learn more about her.
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 26/07/2018