Exceed PCA 49(1)(f) and 49(1)(b) – CCO

Our client got into an accident while driving a vehicle. He was found to have a blood alcohol concentration (BAC) of 0.166% and was eventually charged with:

  • Exceed PCA 49(1)(f)
  • Exceed PCA 49(1)(b)

No one suffered injuries as a result of the accident but our client’s vehicle was greatly damaged.

A term of imprisonment was a likely penalty in our client’s case. This was his third drink driving charge and the last two were committed within the last 10 years. It must be noted that a second drink driving offence may result in a 12-month imprisonment if committed within the preceding 10 years. If it’s a third offence, and if the BAC exceeds 0.15%, the term of imprisonment could be as much as 18 months.

Our client was represented by Shaun Pascoe at the Heidelberg Magistrates’ Court. The submission made to the court focused on the emotional stressors our client was under at the time of the offending. His previous good character was also given emphasis, especially his co-operation with the police following the accident and the eventual charge.

The magistrate was convinced that a Community Corrections Order was an appropriate penalty considering our client’s circumstances, along with a licence cancellation and disqualification effective for 38 months.