Drink Driving | Drug Driving | PCA | DUI Offences

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Case Studies

Maximum Penalty:

Penalty Received: Due to some practical thinking and dealing with the matter at the right time, in light of the prosecutor’s attitude and a magistrate sympathetic to our client’s personal circumstances which included the loss of a business and hence his income due to the charges, Emily’s client received a 14 day suspended sentence. The magistrate also agreed with EJC’s submissions that no further action should be taken in relation to the breach of bond. This was an excellent result due to the nature of the charge and our client’s prior offending history.

Drive in a manner dangerous, drive without due care, drive under the influence or intoxicating liquor and driving with a PCA.

Maximum Penalty:

Penalty Received: Following a detailed analysis of the evidence against the client she was able to finalise the entire matter on the basis of the client pleading guilty only to the driving under the influence of intoxicating liquor. Due to the way the matter was finalised, the client received simply a fine and a licence disqualification.

Drug Driving

Maximum Penalty:

Penalty Received: Ultimately, Emily submitted to the Court that it should be dealt with without conviction because if the offence was committed on the road, the appropriate penalty would have been an expiation notice, and secondly, that the offence arose out of the use of cannabis for pain-relief purposes rather than recreational purposes. In all of the circumstances the Court agreed with the submissions of Emily, and did not record a conviction for the offence.  This client was also fined an amount less than the minimum fine because of the particular circumstance.  This was an excellent result, and also meant that the client retained her boat licence.

Case Study - Serious Driving Matter written by Jason Evitts

Our client was charged with engaging or participating in a street race, driving without due care, speeding in a manner dangerous to the public and exceeding the speed limit at or about 40 kph.

Case Study - Withdrawing a PCA Charge written by Casey Isaacs

Driving with a prescribed concentration of alcohol - 0.340

Case Study - Suspended Sentence for Ninth Drive Disqualified Charge written by Casey Isaacs

Driving whilst disqualified.

Case Study - Reduction of drink driving disqualification period written by Casey Isaacs

Our client was charged with driving with a prescribed concentration of alcohol in her blood - 0.227

Driving (Failure to wear seat belt) - 1400779

The client was not wearing a seatbelt. This matter was for a Points Demerit Application.

Drink Driving - 1200153

1. Charge - Drink Driving Category 1 offence
2. Blood Alcohol Concentration (BAC) of 0.073

Maximum Penalty: The maximum penalty the Court may impose varies depending on your blood alcohol reading and whether or not you have committed this offence before. If your blood alcohol reading was between 0.05 grams and 0.079 grams, the following penalties apply: First Offence $1,100 Automatic disqualification of not less than 3 months 4 incurred Second Offence $1,100 Automatic disqualification of not less than 6 months 4 incurred Third Offence $1,100 Automatic disqualification of not less than 9 months 4 incurred If your blood alcohol reading was between 0.08 grams and 0.149 grams, the following penalties apply: First Offence $1,300 Automatic disqualification of not less than 6 months 5 incurred Second Offence $1,600 Automatic disqualification of not less than 1 year 5 incurred Third Offence $2,200 Automatic disqualification of not less than 2 years 5 incurred If your blood alcohol reading was above 0.15 grams, the following penalties apply: First Offence $1,600 Automatic disqualification of not less than 1 year 6 incurred Second Offence $2,400 Automatic disqualification of not less than 3 years 6 incurred Third Offence $2,900 Automatic disqualification of not less than 3 years 6 incurred It may be possible to reduce these penalties if the offence was trifling.

Penalty Received: Fine of $300, plus an impoundment fee of $894 Disqualified from driving for seven weeks and one day

Drink Driving - 1400818

Drive with excess blood alcohol (Drink Driving), already having had a conviciton for drink driving in 2013.

Drink Driving - 1400628

Low level drink driving, namely 0.103.

Maximum Penalty: The maximum penalty the Court may impose varies depending on your blood alcohol reading and whether or not you have committed this offence before. If your blood alcohol reading was between 0.05 grams and 0.079 grams, the following penalties apply: First Offence $1,100 Automatic disqualification of not less than 3 months 4 incurred Second Offence $1,100 Automatic disqualification of not less than 6 months 4 incurred Third Offence $1,100 Automatic disqualification of not less than 9 months 4 incurred If your blood alcohol reading was between 0.08 grams and 0.149 grams, the following penalties apply: First Offence $1,300 Automatic disqualification of not less than 6 months 5 incurred Second Offence $1,600 Automatic disqualification of not less than 1 year 5 incurred Third Offence $2,200 Automatic disqualification of not less than 2 years 5 incurred If your blood alcohol reading was above 0.15 grams, the following penalties apply: First Offence $1,600 Automatic disqualification of not less than 1 year 6 incurred Second Offence $2,400 Automatic disqualification of not less than 3 years 6 incurred Third Offence $2,900 Automatic disqualification of not less than 3 years 6 incurred It may be possible to reduce these penalties if the offence was trifling.

Penalty Received:

Drink Driving - 1200138

1. Charge – Drink Driving Category 3
2. Blood Alcohol Concentration (BAC) of 0.155

Maximum Penalty: The maximum penalty the Court may impose varies depending on your blood alcohol reading and whether or not you have committed this offence before. If your blood alcohol reading was between 0.05 grams and 0.079 grams, the following penalties apply: First Offence $1,100 Automatic disqualification of not less than 3 months 4 incurred Second Offence $1,100 Automatic disqualification of not less than 6 months 4 incurred Third Offence $1,100 Automatic disqualification of not less than 9 months 4 incurred If your blood alcohol reading was between 0.08 grams and 0.149 grams, the following penalties apply: First Offence $1,300 Automatic disqualification of not less than 6 months 5 incurred Second Offence $1,600 Automatic disqualification of not less than 1 year 5 incurred Third Offence $2,200 Automatic disqualification of not less than 2 years 5 incurred If your blood alcohol reading was above 0.15 grams, the following penalties apply: First Offence $1,600 Automatic disqualification of not less than 1 year 6 incurred Second Offence $2,400 Automatic disqualification of not less than 3 years 6 incurred Third Offence $2,900 Automatic disqualification of not less than 3 years 6 incurred It may be possible to reduce these penalties if the offence was trifling.

Penalty Received: Our client was found Not Guilty of Drink Driving.

Drink Driving - 1300516

1. Charge - Drink Driving Category 2 offence
2. Blood Alcohol Concentration (BAC) of 0.12

Maximum Penalty: A fine of $1300 Minimum disqualification of 6 months

Penalty Received: Fine of $900 Disqualified for 7 months

Drink Driving - 1300393

1. Charge – Drink Driving - Category 3 offence
2. Blood Alcohol Concentration (BAC) of 0.187

Maximum Penalty: The maximum penalty the Court may impose varies depending on your blood alcohol reading and whether or not you have committed this offence before. If your blood alcohol reading was between 0.05 grams and 0.079 grams, the following penalties apply: First Offence $1,100 Automatic disqualification of not less than 3 months 4 incurred Second Offence $1,100 Automatic disqualification of not less than 6 months 4 incurred Third Offence $1,100 Automatic disqualification of not less than 9 months 4 incurred If your blood alcohol reading was between 0.08 grams and 0.149 grams, the following penalties apply: First Offence $1,300 Automatic disqualification of not less than 6 months 5 incurred Second Offence $1,600 Automatic disqualification of not less than 1 year 5 incurred Third Offence $2,200 Automatic disqualification of not less than 2 years 5 incurred If your blood alcohol reading was above 0.15 grams, the following penalties apply: First Offence $1,600 Automatic disqualification of not less than 1 year 6 incurred Second Offence $2,400 Automatic disqualification of not less than 3 years 6 incurred Third Offence $2,900 Automatic disqualification of not less than 3 years 6 incurred It may be possible to reduce these penalties if the offence was trifling.

Penalty Received: Fined $1100 Disqualified for 2 weeks

Drink Driving - 1400677

Drive with excess blood alcohol (Drink Driving), namely 0.159.

Drink Driving - 1400732

Failing to comply with reasonable direction, and submit to a breath analysis.

Maximum Penalty: The maximum penalty the Court may impose varies depending on your blood alcohol reading and whether or not you have committed this offence before. If your blood alcohol reading was between 0.05 grams and 0.079 grams, the following penalties apply: First Offence $1,100 Automatic disqualification of not less than 3 months 4 incurred Second Offence $1,100 Automatic disqualification of not less than 6 months 4 incurred Third Offence $1,100 Automatic disqualification of not less than 9 months 4 incurred If your blood alcohol reading was between 0.08 grams and 0.149 grams, the following penalties apply: First Offence $1,300 Automatic disqualification of not less than 6 months 5 incurred Second Offence $1,600 Automatic disqualification of not less than 1 year 5 incurred Third Offence $2,200 Automatic disqualification of not less than 2 years 5 incurred If your blood alcohol reading was above 0.15 grams, the following penalties apply: First Offence $1,600 Automatic disqualification of not less than 1 year 6 incurred Second Offence $2,400 Automatic disqualification of not less than 3 years 6 incurred Third Offence $2,900 Automatic disqualification of not less than 3 years 6 incurred It may be possible to reduce these penalties if the offence was trifling.

Penalty Received: The magistrate withdrew the matter, on a no costs basis.

Drink Driving - 1400836


Drive with a Prescribed Concentration of Alcohol, namely 0.097.

Drink Driving - 1200052

1. Charge - Drink Driving Category 2
2. Blood Alcohol Concentration (BAC) of 0.126

Maximum Penalty: The maximum penalty the Court may impose varies depending on your blood alcohol reading and whether or not you have committed this offence before. If your blood alcohol reading was between 0.05 grams and 0.079 grams, the following penalties apply: First Offence $1,100 Automatic disqualification of not less than 3 months 4 incurred Second Offence $1,100 Automatic disqualification of not less than 6 months 4 incurred Third Offence $1,100 Automatic disqualification of not less than 9 months 4 incurred If your blood alcohol reading was between 0.08 grams and 0.149 grams, the following penalties apply: First Offence $1,300 Automatic disqualification of not less than 6 months 5 incurred Second Offence $1,600 Automatic disqualification of not less than 1 year 5 incurred Third Offence $2,200 Automatic disqualification of not less than 2 years 5 incurred If your blood alcohol reading was above 0.15 grams, the following penalties apply: First Offence $1,600 Automatic disqualification of not less than 1 year 6 incurred Second Offence $2,400 Automatic disqualification of not less than 3 years 6 incurred Third Offence $2,900 Automatic disqualification of not less than 3 years 6 incurred It may be possible to reduce these penalties if the offence was trifling.

Penalty Received: Fine $1100 Impound costs $874 Disqualified for 6 months

Drink Driving - 1400695

Driving with a prescribed concentration of alcohol, namely 0.082.

Maximum Penalty: The maximum penalty the Court may impose varies depending on your blood alcohol reading and whether or not you have committed this offence before. If your blood alcohol reading was between 0.05 grams and 0.079 grams, the following penalties apply: First Offence $1,100 Automatic disqualification of not less than 3 months 4 incurred Second Offence $1,100 Automatic disqualification of not less than 6 months 4 incurred Third Offence $1,100 Automatic disqualification of not less than 9 months 4 incurred If your blood alcohol reading was between 0.08 grams and 0.149 grams, the following penalties apply: First Offence $1,300 Automatic disqualification of not less than 6 months 5 incurred Second Offence $1,600 Automatic disqualification of not less than 1 year 5 incurred Third Offence $2,200 Automatic disqualification of not less than 2 years 5 incurred If your blood alcohol reading was above 0.15 grams, the following penalties apply: First Offence $1,600 Automatic disqualification of not less than 1 year 6 incurred Second Offence $2,400 Automatic disqualification of not less than 3 years 6 incurred Third Offence $2,900 Automatic disqualification of not less than 3 years 6 incurred It may be possible to reduce these penalties if the offence was trifling.

Penalty Received: The matter was resolved by way of entering a guilty plea to one count of PCA and submissions were made on the client's behalf. James Caldicott made submissions on the client's behalf and His Honour indicated from the outset that he would be imposing the minimum penalty of six months disqualification. The Magistrate convicted the client of the offence and disqualified the client for a further two months, fined them the sum of $900.00 for the offence and also noted that there was a $1,043.30 car impounding fee. There was also Court costs, prosecution fee and victim of crime levy to be paid associated with this matter.

Drink Driving - 1600530

Driving with a prescribed concentration of alcohol - second offence.

Drink Driving - 1400635


Drive with a Prescribed Concentration of Alcohol (Drink Driving), namely a blood alcohol concentration of 0.22.

Driving with Methamphetamine and Cannabis in Blood


Our client was charged with driving with methamphetamine and cannabis in their system. This was a subsequent offence.

Case Study - Drive in a manner dangerous, drive without due care, drive under the influence- written by Emily Cousins

Drive in a manner dangerous, drive without due care, drive under the influence or intoxicating liquor and driving with a PCA.

Case Study - Drug Driving - written by Emily Cousins

Drug Driving