Exceed PCA – CBO
Our client was driving a car with her young teenage son. She was seen swerving over the road and was made to undergo a breath test via a breathalyser. She tested positive with a blood alcohol concentration of 0.291%. She was then charged with Exceed PCA as well as Unlicensed Driving.
Kristina Kothrakis acted on the client’s behalf at the Broadmeadows Magistrates’ Court.
This was a particularly challenging case due to the presence of several aggravating factors. Our client was already previously charged with drink driving. On this latest drink driving charge, she had with her a child in the car. The magistrate also commented upon hearing the summary that it was a case of a “frighteningly high reading” – and probably the highest reading he had encountered.
Our submissions to the court centered on various medical issues that our client was suffering from at the time of the offending. We obtained medical reports to prove these issues which had greatly reduced our client’s culpability for the offence committed. We also explained to the court the reason behind her intoxication when the offending occurred. Further, our client’s good character was also supported by several character references.
Our client was ultimately sentenced by the magistrate to a Community-Based Order for 12 months, a penalty that was more in line with rehabilitation rather than punishment A licence cancellation for the minimum period was also imposed.