Our client was a 31 year old mother with no prior criminal record. She was charged with the offence drive with middle range PCA – first offence, with a reading of 0.134 grams of alcohol in 210 litres of breath. This was a significant reading falling towards the upper end of readings for a middle range PCA. She was stopped for the purpose of a random breath test at a random breath testing site. When she was stopped, she was travelling from Moore Park, NSW, to her home in Teresa Park, NSW – a significant distance. When our client first came to Jelena to few days before her sentencing date, she explained to her that she was previously legally represented by another law firm. She had already entered a plea of guilty to the offence and her matter was set down for Local Court sentence before a Magistrate in Picton Local Court. Our client was panicked and explained to Jelena that the lawyer she had previously instructed did not want to appear before this particular Magistrate. Above all, our client was concerned about the impact of a criminal conviction and subsequent licence disqualification given her line of work and that she often volunteers in her spare time with a children’s charity. The offence drive with middle range PCA – first offence carries a maximum term of imprisonment of 9 months and a maximum fine of $2,200. Upon conviction, there is also an automatic period of licence disqualification of 6 months, or a minimum licence disqualification of 3 months, with a 12 month mandatory interlock order. In the absence of an interlock order, it carries an automatic period of licence disqualification of 12 months or a minimum licence disqualification of 6 months. Jelena was able to reassure our client that she would be in capable and good hands and that we would be available and ready to represent her in her sentence before his Honour. Jelena also re-assured our client that she had experience appearing before this Magistrate in other courts. Jelena explained to our client that it is statistically common that offenders do receive a conviction, licence disqualification, mandatory interlock order and fine, but that we would be well prepared and seek a section 10(1)(b) Conditional Release Order (CRO) without conviction (in other words, a ‘good behaviour bond without conviction’). Jelena worked together with our client to prepare comprehensive subjective material. In court, compelling oral submissions were made by Jelena to his Honour. On our client’s instruction, Jelena submitted to the court that our client was a mother to an infant child and she also came to learn that was expecting her second child with her husband, which meant that she would not be consuming any alcohol for the duration of the pregnancy. Jelena also submitted to the court that our client had a real need for a licence. Our client is gainfully employed as a digital marketing creator in the media industry, which sees her regularly travelling to media events that are often held in the Sydney City area. Jelena also went into significant detail in her submissions about the significant distance our client is required to travel for work from her home in Theresa Park to Sydney City and the late hours involved in her work. Our client’s nearest bus stop is several kilometres away, which meant that it would be difficult for her to rely on public transportation, especially as she progresses through her pregnancy – a concern our client had after recently suffering a miscarriage. Jelena also went into detail in her submissions about how our client is also involved with a children’s charity foundation, which sees her regularly visit sick children in the children’s hospital as a volunteer. Given this, Jelena submitted that if our client is convicted of a criminal offence, it would jeopardise her working with children check. Jelena was able to successfully persuade the Magistrate to deal with our client by way of a Conditional Release Order without conviction. His Honour ordered that our client enter into a CRO without conviction, for a period of 18 months, with an additional condition that she abstain from alcohol for the duration of the RO. Our client was pleased to have trusted Jelena to appear on her behalf. Above all, she was pleased to be able to avoid a criminal conviction and to avoid a licence disqualification.

lamont law jelena

Result achieved by

Jelena Dobric

Solicitor · Lamont Law

Jelena is admitted to the Supreme Court of NSW and the High Court of Australia. Jelena practices exclusively in criminal and traffic law. Jelena has degrees in Media and Law from the University of New South Wales.

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