The Queen v EK
EK was charged with one count of 'drive with low range PCA - first offence' contrary to the Road Transport Act 2013.
The facts in this matter involved EK driving home from dinner and being pulled over for a random breath test, after having consumed two glasses of wine throughout the evening. A reading of 0.064 was returned and she was subsequently charged.
William O'Brien represented EK and her case was heard in the Downing Centre Local Court. The presiding magistrate decided not to record a criminal conviction, dismissing EK's charges by way of a good behaviour bond pursuant to section 10(1) of the Crimes (Sentencing Procedure) Act. EK was allowed to continue driving and was not fined.
In making this decision the magistrate considered EK's faultless driving record, the references she submitted, as well as a personal letter of apology. This was a fantastic result for EK as she was able to return to her normal routine and avoid a criminal record.