“Joe Bloggs” – LOW RANGE PCA – COURT SUBMISSIONS

1. ENTER PLEA & TENDER DOCUMENTS:

GUILTY + References/Traffic Offender Program Certificate.

 

2. CIRCUMSTANCES OF OFFENCE:

  • Your honour I have decided to plead GUILTY to a Low Range PCA
  • The facts are relatively straightforward – On (“date”) I attended some farewell drinks for a colleague just after work at a local hotel at Botany Bay.
  • I had my first drink at approximately 5:30pm and consumed the last drink at just after 8pm. During this 2.5 to 3 hour period my client consumed 4 schooner sized full strength beers of Tooheys New.
  • I certainly did not feel effected by alcohol but I do admit to being physically exhausted after a long working week and not having eaten or drunk water since around lunch time that day.
  • Whilst I didn’t feel affected by alcohol I knew that I had consumed 4 drinks in just under 3 hours and even though I thought I was under the limit I also knew I would be close to it.
  • Subsequently I made the stupid decision of getting in his car and driving home.
  • I was pulled over for the purpose of a RBT located on the Harbour Bridge at around 9pm.
  • I returned a positive low range reading of 0.069.
  • In hindsight and now having a greater understanding of how alcohol affects the body, I knows that I definitely should not have taken the risk of driving given the fact that it was his last drink that was the obvious factor in putting me over the limit.
  • Your honour whilst hindsight can be a wonderful thing, it doesn’t change the fact that I was caught driving over the limit – and this is something which I am very remorseful for and something which I have taken full responsibility for.
  • I was co-operative with all police directions, I was open and honest about the amount of alcohol I had consumed.

 

3. PERSONAL/WORK DETAILS:

 

  • Your honour I am (“age”) years of age.
  • I work as a Carpenter for (“Employer/Company”) where I am currently responsible for the erection of substations at the Port Botany terminal 3 rail line extension.
  • I have been working for this company for almost 2 years and my hours vary but are generally between 6:30am to 5pm and occasionally I am required to work night shifts – I earns approximately $1000 a week after tax.
  • Your honour, having conceded that my licence will be disqualified for a period of time I have made a smart decision in relocating to Randwick so that he can be closer to my work in an attempt to reduce the disruptions to my job.
  • What this does is it shows a level of commitment not to drive whilst I don’t have a licence and accept the responsibility for my actions.

 

4. TOPS:

  • Given that this is the first major traffic offence on my record and that I am still relatively young – my participation in the Traffic Offenders Program was well justified & also shows that I have displayed an element of remorse and willingness to re-educate myself on the road rules and driver safety.
  • By being exposed to a number of confronting issues in this program such as the effects of alcohol on the human body and the devastating consequences that can occur from drink driving – I have learnt a great deal from this course.

 

5. TRAFFIC HISTORY:

  • My Traffic History contains (“a number ??”) of minor speeding infringements since getting my licence in (“date licence was issued”).
  • Since late 2011 I have not had any other entries on my record.
  • This low range PCA offence is certainly the first major offence that my I have against my name, I have no criminal history.

6. SUMMARY:

  • Your honour I have entered an early plea of Guilty, this is my first major traffic offence.
  • I work hard and have stable employment.
  • I have made a serious mistake on this occasion – I maintain that on the night of the incident I stupidly let my guard down by not being more diligent about the amount of drinks I consumed given that I intended on driving home. It certainly appears that it was the last drink that I had that has put me over the limit.
  • I completely understand the stupidity behind my actions, I have taken full responsibility and also taken the necessary steps to make sure that I do not reoffend.
  • I m completely remorseful of my actions and I most certainly won’t appear before the courts again.
  • Your honour I’m not inclined to seek a section 10 since I don’t believe I will be granted that indulgence but I would seek a minimum disqualification period and perhaps a reduced fine after your honour takes into account the mitigating issues submitted.

Those are my submissions!!

 

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