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PUBLICATION

Section 10 And 6-Month Disqualification For High Range Drink Driving

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.

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