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    Section 10 bond for Low Range Drink Driving with child in the car

    18/12/17 1:23 PM

    Our client was charged and plead guilty to Low Range PCA with a BAC of 0.068. She was driving with her 7-year-old daughter in the car, which is an aggravating factor. The automatic licence disqualification period is 6 months, and leads to a criminal conviction.

    Our client needed a licence to get to work and to drive her children to school. Her husband worked interstate often, and so she was solely responsible for their transport. She had a spotless criminal record and so naturally wanted to avoid a conviction. Our client had only one minor speeding offence in 20 years of driving, and was an active member of the community.

    We appeared before the Magistrate at Blacktown Local Court and made submissions for a section 10(1)(b) bond, which is a dismissal of charges on the condition that a good behavior bond is not breached. The Magistrate stated that the matter was “borderline” for laying down a conviction. However, our persuasive written submissions, and further oral submissions, led to our client being sentenced to a twelve-month section 10(1)(b) bond.

    Our client was thrilled that after twelve months of good behavior, a criminal conviction will not be recorded against her, and she does not receive a licence suspension.

    If you have been charged with a PCA offence, you should speak to a lawyer to see if there are factors the court can take into account to reduce your sentence. Contact our Criminal Law team at Frank Law to get advice on your matter.

    If you have further questions, please contact us at frank@franklaw.com.au

    This is not legal advice. 

    Amy Lee

    Written by Amy Lee