Exceed PCA Charges – Fine, No Conviction

This is a case study on Exceed PCA charges resulting in a fine with no order made against licence. The offending was the accused’s second drink driving offence.

What is alleged to have occured?
Our client was facing charges of Exceed PCA 49(1)(b) and 49(1)(f) after having been found with a low blood alcohol concentration. He was a man in his mid 40’s who has consistent employment. He was caught while driving on his way to work. This was his second drink driving offence and, on this occasion, our client had to drive for reasons related to necessity to return to work.

What happened at court?
Dee Giannopoulos represented the client at the Melbourne Magistrates’ Court.

What was the result?
The magistrate imposed a fine without conviction to our client. This was a good outcome especially that a sentence without conviction allows the magistrate to decide whether or not to take action against a person’s licence. This means that the court is not required to impose licence cancellation or disqualification.

The financial penalty was in the amount of $500 but no order was made against his licence.

Dee Giannopoulosdee-giannopoulos-profile

Dee is based in our Melbourne office and appears at all Courts in Victoria. Dee’s commitment to her clients and her passion for justice drives her to achieve great results.

View Dee Giannopoulos’ profile.

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