Exceed PCA, Exceed Speed Limit

Our client was charged with mid-range drink driving (.085) and travelling 150 km/h in a 80 km/h zone. These offences have mandatory license suspensions which cannot be avoided, although magistrates do have the discretion to increase them and impose substantial financial penalties.

Our client’s offending occurred just before Christmas after having attended an end-of-year work function. A lot of people are caught at this time of the year as people are consuming more alcohol than usual and the police are on high alert.

Although this type of offending cannot be condoned as we are all responsible for reducing the road toll, sometimes people fail to exercise discretion. Our client is a tradesman and relies on his driver’s license for work. Driving is one of those things wherein many people do not really appreciate how vital it is until that privilege is taken away; not to mention the expense of having to rely on public transport, taxis, and Ubers.
 

We represented the client at the Sunshine Magistrates’ Court on the following charges:

• Exceed PCA – 49(1)(b)
• Exceed PCA 49(1)(f)
• Exceed Speed Limit

With these types of pleas, it is important to change the Magistrate’s first impression of your client after hearing a summary of the offending. The prosecutor speaks first in Court by reading out a summary of the offending which is a narrative of what had taken place. With this said, our objective was to demonstrate to the court that despite the client’s offending, he is a responsible person.

We spoke with the client in the days leading up to court and asked him to provide a list of people who could provide character references on his behalf. The client also received advice regarding the importance of asking family members to attend Court in support. We asked the client questions about his employment and personal responsibilities to have a database of information could be relied on during the plea hearing.

At the plea hearing, we explained to the Magistrate that the client works full time and what his role involves. Submissions were made about how the client lives with his elderly grandmother, pays for household expenses and owns an investment property.

The Magistrate was satisfied with the submission that our client is a responsible young man and imposed the following penalties:

1. $750 fine
2. Driver’s license suspended for the mandatory minimum of 12 months
3. The car was impounded for 45 days

This outcome for Exceed PCA and Exceed Speed Limit offences, in particular, the monetary fine, was significant to our client given his financial obligations. A large fine would have been crushing.
 

Elements of Exceed PCA 49(1)(b):

• The accused was driving or was in charge of a vehicle
• The vehicle was a motor vehicle
• Prescribed concentration of alcohol or more than the prescribed concentration of alcohol is present in their blood or breath