Exceed PCA Charges – Fine

This is a case study on Exceed PCA charges resulting in a financial penalty and a licence cancellation for the statutory minimum period.

What is alleged to have occured?
Our client was charged with Exceed PCA 49(1)(f) and 49(1)(b) following a collision into a road barrier. She was caught by the police while driving on her way home from a function and a breath test was eventually conducted. She was found to have a blood alcohol concentration (BAC) of just under 0.2%.

What happened at court?
We acted in behalf of the client at the Heidelberg Magistrates’ Court.

We made submissions to the court demonstrating the client’s good character. She has never been previously charged with a traffic offence or any other criminal charges. Our client also showed remorse over the offending and, in fact, had stopped taking alcohol ever since the accident. She wrote a letter to the court expressing her disappointment over her own actions and the possible catastrophic consequences of drink driving.

The client pleaded guilty to the charges.

What was the result?
The magistrate imposed a fine and cancelled her licence for the statutory minimum period of 19 months. This was a good outcome considering that the case involved aggravating circumstances such as a BAC nearly four times above the prescribed legal limit (0.05) and the presence of a collision.
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 12/03/2020