Burwood High Range Drink Driving Case Study: Second Offence (0.158) With a Crash, CCO Instead of Jail (NSW)

Jurisdiction
New South Wales
Court
Burwood Local Court
Charges
High range PCA (0.158), second or subsequent offence, with a rear-end collision
Outcome
Guilty plea. Community correction order for 18 months with supervision and 120 hours of community service, $1,500 fine, 10-month disqualification (backdated to June 2022), 48-month interlock period.
Filmed
October 2022

Summary

A former carer whose drinking spiralled after his mother died faced a second drink driving offence: 0.158 with a rear-end crash. With AA attendance, abstinence and the Traffic Offenders Program, Burwood Local Court imposed an 18-month CCO instead of jail, a $1,500 fine, 10 months off the road and a 48-month interlock.

Key takeaways

  • The reading was 0.158, with a rear-end collision at traffic lights.
  • It was his second drink driving offence, after a mid range offence in 2019.
  • Joshua Boorman says the guideline judgment put him at real risk of imprisonment.
  • He had cared for his mother until her death in 2019, and his alcohol use had spiralled.
  • He received an 18-month CCO with 120 hours of community service, a $1,500 fine, 10 months off the road and a 48-month interlock.

A serious matter at Burwood

In this Burwood high range drink driving case study, Boorman Lawyers appeared at Burwood Local Court, in Sydney’s inner west, on a high range drink driving offence with a reading of 0.158. Josh Boorman describes it as quite a serious matter.

The aggravating features

There were two significant aggravating features:

  • The client failed to stop in time at a set of traffic lights and crashed into the back of a stationary vehicle. No one was hurt, but both vehicles were significantly damaged.
  • He had a previous conviction for mid range drink driving in 2019, so this was a second or subsequent offence, which carries increased penalties.

Our lawyer explains that, under the guideline judgment for high range PCA in New South Wales, the client faced a very real risk of a term of imprisonment of some sort.

Something had changed

Before the 2019 offence, the client had an exemplary traffic record and an unblemished criminal record for 22 years, with only one minor traffic infringement. Then, within about 3 years, he had two drink driving offences. Josh says something was clearly going on in his life, and that had to be explained to the court.

In early 2019, the client’s mother died after a long illness with cancer. He had been her primary carer for the 3 years before she died. He had some pre-existing mental health issues, and her death made them worse. He developed a very unhealthy relationship with alcohol, which sent his life into a downward spiral.

Turning things around

The client had sought to turn his life around:

  • He was attending Alcoholics Anonymous two to three times a week, and had been for one to two months.
  • He was completely abstinent from alcohol.
  • He had a counselling session booked at Royal North Shore Hospital for his mental health.
  • He completed the Traffic Offenders Program.

The outcome

Our lawyer says the client came very close to a term of imprisonment. Because of his background, the magistrate spared him both full-time custody and an intensive correction order (a term of imprisonment served in the community), and instead imposed:

  • a community correction order for 18 months, with supervision by a Community Corrections officer;
  • 120 hours of community service;
  • a $1,500 fine;
  • a 10-month disqualification, backdated to the date of the offence in June 2022; and
  • a 48-month interlock period, which Josh notes is a long time, under the mandatory interlock rules.

Our lawyer describes it as a calculated and sound judgement, structured to help the client stay abstinent and get the mental health treatment he needs.

What this Burwood high range drink driving case study shows

A second high range offence with a collision is serious, and Josh says the client came very close to imprisonment. Explaining why the offending happened, and showing real steps towards rehabilitation, can help a court structure a sentence around treatment instead of custody. Here, regular AA attendance, abstinence, booked counselling and the Traffic Offenders Program were all before the court. Our lawyer says the client was very relieved, and believes that if he gets the help he needs, it is very unlikely he will be back before the courts. Every case is different, and outcomes depend on the facts.

Key general information (NSW)

General information only, not legal advice, as at October 2026. Every case turns on its own facts.

  • High range drink driving as a repeat offence: For a first high range offence, the listed figures are a maximum fine of $3,300, up to 18 months’ imprisonment, a minimum disqualification of 12 months and an automatic disqualification of 3 years.
  • Community correction orders and intensive correction orders: The NSW Sentencing Council explains that a community correction order (CCO) can be imposed instead of a sentence of imprisonment, for up to 3 years.
  • Police suspensions and court disqualifications: Transport for NSW explains that police can suspend a licence on the spot for certain offences, including driving with a prescribed concentration of alcohol, driving under the influence of alcohol or drugs, some serious speeding offences and hoon offences.
  • The court process: Drink and drug driving charges in NSW are usually dealt with in the Local Court.

Further reading and related videos

Boorman Lawyers has more on appearing at Burwood Local Court, the NSW high range drink driving guideline judgment and NSW alcohol interlock laws. Its Sydney site covers drink driving matters across Sydney courts.

On this site, see a Burwood drug driving case and a Moss Vale third-offence case that ended with a CCO, or browse all NSW and drink driving videos.

For people who are preparing to plead guilty without a lawyer, DIY DUI’s guide to drink and drug driving charges at Burwood covers the local court and plea process. (DIY DUI is a self-help program for people preparing their own guilty plea. It is not legal representation and is not part of Boorman Lawyers.)

Frequently asked questions

What penalty did the client receive?

An 18-month community correction order with supervision and 120 hours of community service, a $1,500 fine, a 10-month disqualification backdated to June 2022, and a 48-month interlock period.

Why was jail a real possibility?

Josh explains that a second high range offence with a collision, under the NSW guideline judgment for high range PCA, put the client at a very real risk of a term of imprisonment.

What is the difference between a CCO and an ICO?

A CCO is imposed instead of imprisonment. An intensive correction order is a term of imprisonment that the court allows to be served in the community. The court here chose a CCO.

What are the penalties for a second high range offence in NSW?

As at October 2026, Transport for NSW lists a maximum fine of $5,500 and up to 2 years’ imprisonment. With an interlock order, it lists a disqualification of 9 to 12 months followed by a 48-month interlock period.

What is a community correction order?

The NSW Sentencing Council explains that a community correction order (CCO) can be imposed instead of a sentence of imprisonment, for up to 3 years. Conditions can include supervision, community service work of no more than 500 hours, and abstaining from alcohol or drugs.

Read the video transcript

Just here outside Burwood Local Court in the west of Sydney. Um I've appeared on a uh quite a serious drink driving matter. The matter was a high range PCA or drink driving offence with a blood alcohol reading of .158. Um the significant aggravating factors surrounding this particular matter or this case were that um our client was involved in an accident at the time of the offence. He had, so, failed to stop properly or in time at a set of traffic lights and crashed into the back of a stationary vehicle.

Thankfully, no one was injured or hurt out of this incident, but significant damage was sustained to both vehicles. The other aggravating factor of this matter was that um our client uh had previously been convicted of a drink driving offence. He was uh convicted of a middle range uh drink driving offence in 2019. So, um this matter before the court was considered a second or subsequent offence, which meant that the penalties were increased. And according to the guideline judgement for high range PCA in New South Wales, it did certainly put him at a very real risk of uh receiving uh a term of imprisonment of some sort.

Um we did point out to the court that prior to his um previous drink driving offence in 2019, he had an exemplary uh traffic uh record and a completely unblemished criminal record uh for the past 22 years. Um he had only uh incurred one more minor traffic infringements on his record. And then, in the space of um 3 years, he incurred two drink driving offences. There was clearly something going on in our client's life and that was what we had to explain to the court. Um sadly in 2019, early 2019, um our client's mother passed away from a long illness with cancer.

Uh he had been her primary carer for the 3 years prior to her passing. Uh and her passing um certainly hit my client hard. He admits that he did have over the years some issues of pre-existing mental health issues, but um the passing of his mother in 2019 exacerbated his mental health and unfortunately he developed a very unhealthy relationship with alcohol. Uh and as such uh it it's sent his life on a bit of a negative downward spiral and um he was um obviously charged with two uh drink driving offences within a relatively short period of time.

He has sought to turn his life around. He is uh currently going to Alcoholics Anonymous two to three times a week and has been doing that for the past uh one to two months. He's completely abstinent from alcohol. Um he has a session booked in at the Royal North Shore Hospital uh to get some counselling for his mental health. And um he went into the Traffic Offenders Program. Our client did um come very close to receiving a term of imprisonment of some sort today. Um however, um due to the uh background of our client, um he was given the benefit of um being spared um incarceration and even a term uh and intensive corrections order, which is a term of imprisonment served in the community.

Uh the magistrate decided to uh take a step back and um issue our client with a community corrections order. So, he's got to be a good behaviour for the next 18 months under this order. He's got to follow any supervision by the probation and parole office Uh uh case case worker and officer. He was issued with 120 hours of community service and a $1,500 fine. Uh and as per the mandatory interlock guidelines, he will be required to have an interlock device fitted into his car for a period of 48 months.

That's 4 years. That's a long time um with an interlock device in his car if he wants to resume driving after um he gets his licence back. He was given a period of 10 months disqualification licence disqualification. That was backdated to the date of the um uh offence which occurred in June 2022 this year. Um so it was a very um uh uh calculated and sound judgement by the court today. Um it uh was a step down from uh term of imprisonment, but it was structured in a way that would help our client facilitate his rehabilitation in remaining abstinent from alcohol and getting the mental health treatment that he um clearly desperately needs.

Um so that was the uh our matter today here at Burwood Local Court. Very happy, very relieved client. And um uh he can move forward in helping himself and um seeking the uh the help that he needs. I think if he can get that help, then it's very unlikely that he will um be back before the court system again. Thanks for tuning in.

General information only, based on New South Wales law at the time of filming. Not legal advice — every case turns on its own facts. Past results don't guarantee future outcomes.