NSW Drink Driving & Traffic Offences

Hi,
My partner blew .095 on his way to work on new year's day after drinking heavily the night before then sleeping maybe 6 hours. His court date is at the end of Jan. What is likely to happen to him? This is his first time. I think he received a speeding fine a few years ago (50 in a school zone) and that's it. He weighs less than 60 kilos and hadn't eaten that morning- the police said this definitely contributed to the reading. Without driving it will take him over an hour to get to and from work (compared to 20 mins).

I doubt he will consider legal representation. He has no idea what to expect in court. I'd appreciate any help.

nellie

Hi Nellie,

The standard penalty for a mid range PCA in the circumstances you described would be for the Court to:
1. record a conviction;
2. impose a fine; and
3. disqualify your partner's licence for a period of 12 months.

12 months is the automatic period of disqualification, but may be reduced to six months should the Magistrate see fit to do so.

If your partner were to be successful in applying for section 10 non-conviction order, he would not be facing a period of disqualification. However, because of the high reading (mid range starts a .08), your partner would may face significant difficulty in obtaining a section 10.

Should you wish to discuss the matter any further, please do not hesitate to contact me on (02) 9261 4555.