Exceed PCA – Not Guilty, Defence Costs Recovered Against Police

This is a case study on allegations of Exceed Prescribed Concentration of Alcohol resulting in a “not guilty” verdict.

What is alleged to have occured?
Our client was charged with Exceed Prescribed Concentration of Alcohol following allegations by 3 police officers that they saw our client enter his car then moved it approximately 2 metres before pulling back into the car park. As the police knocked on the car window, they saw keys in the car’s ignition and eventually alleged that our client was in charge of the car.

What happened at court?
The case was heard at the Melbourne Magistrates’ Court.

Our client had two witnesses and they all denied the circumstances of the alleged offending. Based on the evidence they provided, our client and his friends did drive to the city to attend a bar. They left after a couple of hours and a few drinks and decided to catch a taxi to head back home. One friend specifically pointed out that he actually had the keys with him all evening as he was the designated driver of the car and did drive it on the way to the city, and originally intended to drive back home. But since they had a few drinks at the bar, they decided to ride a taxi instead.

Evidence was given detailing that the friend remotely unlocked the car in order for our client to enter the driver’s door so he could retrieve his wallet. They denied driving the car after leaving the bar. The keys never left possession of the friend until the police knocked on the driver’s door and the keys then had to be placed on the ignition to allow the car’s window to be wound down.

Our client was cooperative with the police. He blew into the bag and accompanied them to the police station. But he has always maintained his position that he never drove the car.

What was the result?
In the end, the Magistrate was not satisfied that the case can be proven beyond reasonable doubt. Our client was ultimately found not guilty and he was able to recover all his defence costs from the Police.
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