NSW Drink Driving & Traffic Offences

Hi guys,

I'm a 26 year old male from WA. Recently, I was charged with DUI (3 times over the legal limit).

I was actually sleeping in my car when the constables knocked on my window. They had received reports that I was driving erratically, and then proceeded to breathalyze me. I was then taken to the nearby police station where my BAC registered at over 0.15. I was charged with an offence against Section 63 of the Road Traffic Act 1974 (WA).

I received my summons recently and noticed that the Statement of Material Facts (SoFM) stated that I was "stopped by police" even though my car wasn't moving at the time. However, in the Police Evidence Matrix (PEM), it was stated that I was asleep. The PEM also stated my admissions to attempting to drive at first.

I have no criminal record and this is my first traffic offence and I am very worried that my license will be suspended. This event has made me realise just how silly I was, and I regret even attempting to drive - though I thought I was able to drive at the time. It's just not worth it.

Can you advise on whether the Magistrate will take into account the inconsistency between the SoMF and the PEM, and whether I can request my charge be downgraded to an offence against Section 64AA of the Road Traffic Act (instead of against Section 63).

I believe I am of good character and I am currently employed full time and study uni part time, so the loss of my license will be of great detriment.

Thanks in advance.

Were the keys in the ignition, and were you sitting in the driver's seat?

I was sleeping in the driver's seat, but the keys weren't in the ignition as far as I can recall.