Favourable Outcome in a Mid-Range PCA and Drug Driving Matter

In a recent legal matter, our firm successfully represented a client charged with two traffic offences: 1. Drive with Mid-Range Prescribed Concentration of Alcohol (PCA) and 2. Drive with Mid-Range PCA and Illicit Drug. These offences carry significant penalties under New South Wales law, including potential licence disqualification, fines, and even prison sentences.

Case Background

The client was apprehended during a routine traffic stop, where breath analysis revealed a blood alcohol concentration (BAC) of 0.117, qualifying as a mid-range PCA offence. Additionally, a roadside drug test detected the presence of an illicit substance, leading to the second charge. Given the severity of these offences, the client faced substantial penalties, including a lengthy licence suspension, mandatory participation in the Alcohol Interlock Program and a potential prison term.

Mitigating Factors

Our firm meticulously prepared the case by focusing on mitigating factors that could influence the sentencing with the following key arguments presented which includes:

• The client’s remorse and proactive steps toward rehabilitation, such as completing a traffic offenders’ program.
• The absence of prior criminal and traffic offences, demonstrating that his traffic offence was an isolated incident.
• The impact of a prolonged licence suspension on the client’s employment and financial responsibilities.

Court Outcome

During sentencing, the magistrate acknowledged these mitigating factors and exercised judicial discretion in imposing a three-month driver’s licence suspension and a mandatory 12-month Alcohol Interlock Order, ensuring the client could resume driving under strict conditions while demonstrating responsible behaviour.

This result was a significant success, as it allowed the client to regain driving privileges sooner than expected while complying with the interlock order. The case underscores the importance of knowledgeable legal representation in navigating complex traffic offences and securing favourable outcomes.

For individuals facing similar charges, seeking expert legal counsel is crucial in presenting mitigating circumstances and achieving the best possible result.

About Post Author

Mark Racca

Principal Solicitor & Director
LLB, GradDipLegPrac, MPA

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