Drink Driving Charges: Police v IC

Mid range PCA hearing at Waverley Local Court

DRINK DRIVING lawyersAfter a social night out having nibbles and drinking wine at a friend’s house, Police found C to have a mid-range alcohol concentration reading of 0.089. Subsequently they charged her under s 9(3)(A) of the Road Transport (safety and Traffic Management) Act 1999.

Police stopped C for a random breath test (RBT) after they caught her driving approximately 20km/hr over the speed limit in a 60km/hr zone in Sydney’s Eastern Suburbs. After submitting to a breath test, police charged her with mid-range PCA and instantly suspended her licence.

Section 10 for drink driving charge

C enrolled and participated in an approved and gazetted Traffic Offenders Program (TOP). Also, she compiled a number of strong character references and testimonials from her friends, colleagues and employer.

The Waverly Local Court Magistrate accepted that C’s position as a single-parent and person whose work relied on having to drive far-and-wide on a regular basis, made her deserving of a s10(1)(b) dismissal and the imposition of a 6 month good behaviour bond. As well, there was the good driving record she maintained over the course of her lifetime.

She kept her drivers licence and her job.



O’Brien Criminal & Civil Solicitors
p: 02 9261 4281
a: Level 4, 219-223 Castlereagh St,
Sydney NSW 2000

Scroll to Top