Rare Non-Conviction for a Mid-Range PCA Offence

MW was charged with ‘Mid-range PCA’ after being breath tested by Police following making a left turn on a ‘No Left Turn’ road.

James Castillo represented for MW at his Sentence. James assisted MW in preparing his Affidavit and reviewing character references which were relied on at his Sentence. James made oral submissions explaining the circumstances of the offending as contained in MW’s Affidavit and laid out to the Court the potential implications on MW’s employment and pending visa application, should a conviction be recorded.

Ultimately, the Presiding Magistrate was convinced that it was appropriate to exercise the Court’s discretion and impose a Conditional Release Order without conviction, notwithstanding the serious nature of the offence.

This is an outstanding outcome for MW was this allowed him to continue residing in Australia with a clean record and continue with his employment with his driver’s license valid.  

Convicted with mid-range drink-driving, small fine and no term of imprisonment imposed

JB was charged with ‘driving with middle range PCA’ contrary to section 110 (4)(A) of the Road Transport Act 2013 after a finding of 0.114 blood alcohol concentration. The offence carries a maximum term of imprisonment for 9 months, a maximum fine of $2,200 or both for first offence.

Chris Cole represented JB and the matter came before the Sutherland Local Court.

Chris tendered materials including Affidavit and Character References on behalf of JB. The Presiding Magistrate imposed a fine of only $1,000 and a 3-month mandatory interlock order with no term of imprisonment.

With the seriousness of the driving offence, this is an impressive result for JB.