Our client appeared before the Court charged with drive with middle range PCA – first offence after returning a reading of 0.085 following a random breath test.

A reading of 0.085 falls within the middle-range category and is treated seriously by the Courts.

This offence carries a maximum penalty of 9 months imprisonment and/or a fine of $2,200.

If convicted, the offence ordinarily carries:

  • Without interlock order: automatic disqualification of 12 months or minimum 6 months
  • With interlock order: automatic disqualification of 6 months or minimum 3 months, plus a mandatory 12-month interlock program

Our client was a 31-year-old publican from the Southern Highlands with no prior criminal history and a good traffic record.

Police immediately suspended his licence after the offence. By the time the matter came before the Court, he had already spent nearly 2 months unable to drive.

Our client also had a genuine need for a licence, as the nearest public transport option was approximately 40 minutes’ walk from his home.

Lamont Law solicitor Jelena Dobric carefully prepared the matter for sentence by obtaining:

  • Character references
  • A letter of apology
  • Proof of completion of the Traffic Offenders Intervention Program (TOIP)
  • Evidence of licence need and low risk of reoffending

Appearing before Magistrate D Degnan at Moss Vale Local Court, Jelena Dobric made detailed submissions emphasising the client’s prior good record, hardship already suffered, need for a licence, and excellent rehabilitation prospects.

The Court dealt with the offence under section 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999 (NSW), now a Conditional Release Order without conviction.

As a result:

  • No conviction was recorded
  • No licence disqualification was imposed
  • The client was able to continue driving and working

Why this result matters: Drink driving charges can carry major licence consequences. In the right circumstances, strong preparation and persuasive advocacy can lead to outcomes that preserve both licence and livelihood.

This case result was dependent on its own facts and circumstances. Past results do not guarantee future outcomes.

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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