Exceed PCA – Poor Driving History, Relevant Priors

This is a case of Exceed PCA involving a poor driving history and relevant priors.

What is alleged to have occured?
Our client was charged with Driving Whilst Exceeding the Prescribed Concentration of Alcohol (drink driving) with a reading of 0.061. This is a relatively low reading but unfortunately, our client also had relevant priors. The last time he had gone to court for a drink driving offence, he had been sentenced to a Community Correction Order and had been told by the Magistrate that if he committed any further offences, he would be facing an immediate term of imprisonment.

What happened at court?
We represented the client at the Broadmeadows Magistrates’ Court on a charge of Exceed PCA 49(1)(F).

From the moment our client attended his first appointment, we set out everything that he could do to ensure that he would get the best result possible. We advised him to attend a Road Trauma Awareness Seminar and a Drink Driving program in order to demonstrate to the Magistrate his understanding of the potential consequences of driving whilst over the limit.

We also assisted the client to obtain strong character references. Despite him having committed an Exceed PCA charge and having a poor driving history and relevant priors, the references made clear that our client was otherwise a good person, that he was gainfully employed and a loving family man, and that this was a case of miscalculation and not a symptom of a more serious problem with alcohol. We also requested a letter of support from his treating psychologist whom he had been seeing to manage symptoms of anxiety and stress leading up to his court appearance.

Because this was a subsequent offence, our client had to serve at least the minimum mandatory disqualification period of 12 months. The time off the road was going to have a big impact on his personal life and his ability to work. Hence it was important to our client that the court not increase the license disqualification period beyond the minimum 12 months.

What was the result?
After considering all of the materials tendered on our client’s behalf and hearing the submissions about each of the steps our client had taken to ensure this would never happen again, the Magistrate was persuaded to impose a 12-month good behaviour bond without recording any conviction against him. The Magistrate was also convinced to keep the license loss to the minimum mandatory period of 12 months.

This was an exceptional outcome for an Exceed PCA charge involving poor driving history and relevant prior offences. On account of the preparation and the steps he had taken leading up to the court hearing, he was able to contain the license loss to the absolute minimum and walked out of the court without any conviction and without any punishment in the form of a fine, a Corrections Order, or jail time.

Related case studies
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 30/01/2018