High-Range PCA (0.211) – Case Study & Court Outcome | Non-Conviction CRO (s 10) | Sydney Traffic Lawyers
Arrested for high range PCA driving
Our client is a single mother from north-west Sydney was signalled to partake in a mobile breath test where she recorded a positive result. Her breath analysis later returned a result of 0.211, and she was subsequently arrested for high range PCA driving. She disclosed to the police that she had consumed approximately 13 standard drinks by 9am on the day of the incident, and 3 bottles of vodka were found in her vehicle. Our client is the recipient of a Gastric Sleeve surgery and was advised by her doctor that she would likely absorb alcohol faster. She also had not eaten anything in the lead up to the incident.
Our Submissions
Submissions were delivered to the court regarding her remorse and accountability, guilty plea, the significance of the matter being the first offence, her initiative to address the offence to ensure no future reoffending, and her unfortunate personal circumstances including that she is a single mother who raised her children on her own for 30 years, the impact of the passing of her own mother whom she had a close relationship with, and her assistance to other family members related to alcohol recovery.
She also wrote an apology letter to the court under our instructions which was viewed favourably, and her character reference from her doctor outlined her commitment to treating the condition by way of engaging in therapy and regular sessions with a psychologist.
Favourable Outcome
Our client received a favourable outcome, including a 6-month licence disqualification and a conditional release order pursuant to s10 of the Crimes (Sentencing and Procedure Act) 1999.
Key NSW references for high-range PCA
- Offence & ranges: High-range PCA is 0.150 or higher under Road Transport Act 2013, s 110.
- Penalties & disqualification: See current NSW drink-driving penalties and disqualification periods. Court-ordered disqualification generally applies upon conviction under s 204 and s 205 of the Road Transport Act.
- Section 10 & CROs: Courts may deal with a matter without conviction by dismissal or by discharging the person under a CRO via s 10(1)(b); CROs are made under s 9. See the Judicial Commission guidance on CROs and on dismissals under s 10.
- Alcohol Interlock: High-range PCA often triggers the NSW Alcohol Interlock Program (Transport for NSW).
- Standard drinks & health info: Government resources on standard drinks and the federal standard drinks guide. General alcohol information via Healthdirect.
Support with alcohol & wellbeing
- NSW YourRoom | Alcohol & Drug Information Service: 1800 250 015
- NSW Health: reducing alcohol around surgery
- Standard drink calculator (YourRoom)
For tailored advice on high-range PCA, interlock, and licence consequences, speak with our Sydney traffic lawyers or call (02) 8806 0866.
