Exceed PCA 49(1)(F) & 49(1)(B) – Fine, Without Conviction

Without Conviction for Drink DrivingOur client was charged with drink driving after having been found with a blood alcohol reading of 0.23%. He was intercepted by the police whilst driving at a low speed along High Street, Preston. He had no prior court convictions.

Shaun Pascoe represented our client at the Heidelberg Magistrates Court. The charges were:

Our client had exceptional plea material. The submission that was accepted, and only accepted because of the exceptional testimonials, was that our client had made a poor judgment to drive a short distance home, and that he had by all other accounts lived an entirely law-abiding and responsible life. References were tended to show that he was a community-minded person by virtue of his extensive unpaid community work.

Our client was fined without conviction $975 and his license cancelled and disqualified for the statutory minimum of 23 months. This was an unusual outcome, and was achieved in no small measure to the outstanding references and testimonials obtained in preparation for his hearing. Although the usual sentencing practice of a Magistrate would be to impose a conviction, particularly having regard to the high blood alcohol concentrate, the Court was persuaded not to take that course for the reasons already referred to.


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 04/08/2015