The Queen v EM
EM was charged with one count of 'drive with high range PCA - first offence' contrary to the Road Transport Act 2013. Her PCA reading was 0.169, therefore well within the range of a high-range offence.
The facts in this case involved EM driving her car as a way of removing herself from a dangerous situation with a friend that suffered from mental illness. Bill O'Brien represented EM and her matter came before Waverley Local Court. The presiding judge did not accept that EM's situation justified her high-range offence, and at first instance she was convicted under section 9 of the Crimes (Sentencing Procedure) Act and disqualified from driving for six months. Although this was a relatively good result for this charge, EM required a clean criminal record for her employment and the matter was appealed.
At appeal to the District Court, the presiding magistrate accepted Mr O'Briens representations that EM's situation qualified as exceptional circumstances, and overturned the conviction. She was sentenced instead under section 10(1)(b) of the Crimes (Sentencing Procedure) Act and placed on a Good Behaviour Bond. She was not disqualified from driving and did not obtain a criminal record. EM was able to continue her employment and accept a job offer in Canada due to this great result.