Outcome: Section 10 Dismissal | No Conviction | No Fine | No Further Disqualification

Our client was a 42-year-old woman from North Parramatta, NSW. She had held a driver’s licence for more than 20 years with an excellent traffic history. She ran her own small business and was the primary carer for an elderly parent. Her licence was not a convenience; it was essential to both.

After dinner with friends, she drove a short distance home and was stopped at a random breath-testing site. A breath analysis returned a reading of 0.061. She received a penalty notice and an immediate three-month licence suspension, then elected to have the matter determined by a court.

Low-range drink driving is an offence under section 110 of the Road Transport Act 2013 (NSW). A first offence can result in a fine and licence disqualification if a conviction is recorded.

Our client contacted Rezae & Co Lawyers. She understood that any time off the road carried real consequences for her business, the parent she cared for, and the people who depended on both. We reviewed the evidence, explained the available options and prepared the matter thoroughly for sentence at Parramatta Local Court.

Our submissions focused on the relatively low reading, the short distance driven, her long and unblemished traffic history and her prior good character. We tendered character references, evidence of her completion of a traffic offender program and documents setting out her caring responsibilities. We made clear to the court what losing her licence would mean in practical terms, not just for her, but for the people who relied on her daily.

The court dealt with the charge under section 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999 (NSW) and dismissed it without recording a conviction. No court fine or further licence disqualification was imposed.

Outcome: Section 10(1)(a) dismissal. No conviction recorded. No court fine. No further licence disqualification.

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