The Queen v CT
C was charged with ‘drive with high-range PCA – first offence’ contrary to the Road Transport Act 2013.
The facts in this matter involved C driving her car straight across a roundabout, and failing to avoid collision with a telegraph pole at the intersection. Police attended the scene and C undertook a breath test, which indicated that she was over the limit. She was transferred to the police station where a subsequent breath analysis revealed a reading of 0.212 grams of alcohol per 210 litres of breath.
For perspective, a ‘low-range PCA’ begins at any reading over 0.02, whilst ‘mid-range’ begins at a reading of 0.08 to less than 0.15, and ‘high-range’ accounts for any reading of 0.15 or above. A reading of 0.212 is well over the highest legal category of driving whilst intoxicated and the risk of an accident is increased by 30 times at this level.
C was placed on a Good Behaviour Bond for 18 months under s9 of the Crimes (Sentencing Procedure) Act 1999, and was prohibited from driving for six months. She was placed on the Interlock program for 24 months.
Although C did not escape a criminal conviction (a good behaviour bond under a section 9 is considered an alternative punitive sanction to imprisonment, as opposed to a bond under section 10 which allows the claimant to escape a criminal record), overall this was a good result considering the level of intoxication.
Driving under the influence at this level carries a maximum prison sentence of 3 years, and it is common to have one’s license suspended for up to two years.