Exceed PCA – Extremely High BAC

Exceed PCA Extremely High BACOur client was charged with Exceed Prescribed Concentration under sections 49(1)(b) and 49(1)(f) of the Road Safety Act. She was observed driving erratically by two witnesses who then reported their observations to the police. The police attended and intercepted our client as she was walking from her vehicle. A breath test was administered and the client recorded a reading of 0.273%. It was a case of Exceed PCA with an extremely high BAC reading.

It should, however, be noted that the client has no prior court history and was cooperative with the police. Shaun Pascoe acted on her behalf at the Melbourne Magistrates’ Court on the charges of Exceed PCA 49(1)(f) and Exceed PCA – 49 (1)(b).

Although the blood alcohol concentration (BAC) reading was extremely high, the Magistrate accepted on the evidence presented during the plea that our client’s actions were out of character. During the plea in mitigation, it was demonstrated that our client was of otherwise good character as she gave freely of her time to community organisations. The court also noted that she had been driving for 31 years without any previous offences and so was entitled to draw upon her good driving history. The court further accepted that our client was embarrassed and clearly very remorseful for her offending.

After entering a plea of guilty to Exceed PCA, our client was fined with conviction and was given 3 months to pay the fine. Her license was cancelled and she was disqualified from driving for a period of 24 months

 


Shaun PascoeShaun Pascoe

Shaun is an Accredited Criminal Law Specialist and a partner of the firm. Shaun runs the Heidelberg branch of Doogue + George.

He is an experienced criminal law solicitor and works hard to achieve the best possible outcomes for his clients. Shaun handles indictable and summary criminal offences and is an expert at criminal defence for both contested and non-contested cases.

Visit Shaun's profile to read more about his background and experience.

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 10/03/2017