No Criminal Record, Licence Disqualification or Fine for High Range Drink Driving

Our client is a successful businessman, environmentalist and family man.

He was charged by police with High Range Drink driving, having returned a positive breath analysis of .159.

We immediately contacted police to ask for copies of their body worn video, in car video, statements and any 000 calls or calls to police. 

We then separately wrote to police seeking substantial amendments to the police facts in return for a plea of guilty to the charge.

Our representations were successful, and key damaging statements were removed from the police Facts.

We arranged for our client to complete the Traffic Offenders course through two different providers, organised for him to undertake counselling through two different services, obtained a report from a Forensic Psychologist and organised seven character references.

At the sentencing hearing, we took the Magistrate through the Guideline Judgment on High Range PCA to demonstrate that, while rare, non conviction orders are still available for this offence, despite only 77 of the 7,903 sentences for this offence resolving without conviction in the previous 4 years.

Our client had an unenviable traffic record, but made significant efforts towards rehabilitation since the date of the offence. 

He demonstrated remorse and acceptance of responsibility through his character references and letter of apology to the court and, armed with this, we ultimately persuaded the presiding Magistrate to place our client on a Conditional Release Order for 12 months without a conviction being recorded against him. 

He walked away that day with no fine, no licence disqualification and no criminal record.