In July 2023, our client had just left a pub in Kings Cross and was driving home on his motorcycle. A short time later, he was pulled over by police and breath tested. He returned a positive result and was taken back to Kings Cross Police Station where he blew 0.093. The legal limit was 0.00 as he was a P-Plater.

He was charged with mid-range drink driving and was required to attend the Downing Centre Local Court to enter a plea.

Our client contacted our Sydney criminal law office and was very concerned with the charge, because if he was convicted of the crime, his licence would be disqualified automatically for 9 months and he would be ordered to have an ‘interlock device’ installed in his car for 24 months, which would require him to breathe into the machine before his car could start.

In August 2023, our Sydney criminal lawyer appeared in Court and entered a plea of guilty on our client’s behalf.  During the sentence hearing, our lawyer asked the Magistrate to consider the timing of when our client had his last drink and how that may have affected his mid-range reading, as well as considering his good character and his good driving record.

Despite our client being on his P-plates and that he should have known he was not allowed to have anything to drink before driving, his Honour agreed with our lawyer’s submissions, and our client was placed on a ‘conditional release order, without conviction’ (good behaviour bond).

This meant that our client had no criminal conviction recorded against his name, his licence was not disqualified, and he was allowed to drive again.