North Sydney Local Court
R was charged with low range PCA when he decided to drive his car following a social reception where he had consumed 5 stubbies over 4 hours.
After being breathalysed by police, R returned a breath analysis reading of 0.074grams – at which stage he was charged with low range PCA.
After pleading guilty to the offence, R received an initial penalty of having his licence disqualification for a period of 3 months as well as a $700 fine.
O’Brien Solicitors successfully appealed the conviction, arguing that as a first-time PCA offender with a 30 year driving record, R deserved more lenient treatment. R’s conviction and consequent licence disqualification and fine were quashed by the District Court and the matter dismissed pursuant to s 10(1)(a) of the Crimes (Sentencing Proceedings) Act.