July 29, 2019

RG – Successful appeal for client charged with driving offence

Facts: Special category driver drive with special range PCA 1st offence: Redfern – Surry Hills Police Station

Police observed RG driving a scooter on a road in Redfern in Sydney’s inner South. Police stopped the vehicle a short distance later for the purpose of a breath test and a licence check. Police approached RG who was accompanied by one adult pillion passenger at the time. RG produced a NSW R-Class P1 Provisional licence, which has a condition that GR cannot carry a pillion passenger.

RG was breath tested and returned a positive reading. He was placed under arrest for the purpose of a breath analysis and conveyed to Surry Hills Police Station. Shortly after, RG supplied a sample of his breath which was analysed and returned a reading of 0.021 grams of alcohol in 210 litres of breath.

RG was issued a Field Court Attendance Notice for the offence of “Drive with Special Range Prescribed Concentration of Alcohol – 1st Offence.”  (section 110(2)(A) Road Transport Act 2013– section 10(1)(a) Crimes (Sentencing Procedure) Act 1999)RG was issued an infringement notice for the offence of, “Not comply with P1 Pillion passenger restriction.” Due to the Special Range reading, RG’s licence was not suspended.

Outcome: Downing Centre Local Court

RG appeared before Downing Centre Local Court in Sydney where he was sentenced to a $400 fine and a 3-month licence disqualification. RG instructed us to send a Notice of Appeal to the District Court because the penalty was too severe.

Appeal: District Court – successful appeal

O’Brien Criminal and Civil Solicitors successfully appealed the decision before the District Court. The judge considered RG was only 0.001 above the alcohol limit in deciding to dismiss the offence without any conditions under section 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999.