QLD law Court-town guides Drink driving

Bundaberg Low Range Drink Driving Case Study: 0.051, the Absolute Minimum, a $150 Fine and No Conviction (QLD)

Name: Bundaberg Low Range Drink Driving Case Study: 0.051, the Absolute Minimum, a $150 Fine and No Conviction (QLD)
Uploaded: 2024-05-28T00:00:00+10:00
Duration: 5 min 32 s
Description: A man on workers compensation, living near Bundaberg without public transport, was randomly stopped 300 metres from home and blew 0.051. With references, an apology, the Traffic Offenders Program and letters from his health providers, he received the one-month minimum, a $150 fine and no conviction.

By Joshua Boorman, Principal, Boorman Lawyers · 28 May 2024 · 5:32 video

Jurisdiction: Queensland
Court: Bundaberg Magistrates Court
Charges: Low range drink driving (0.051), first offence
Outcome: Guilty plea. One-month disqualification (the minimum), $150 fine, no conviction recorded.
Filmed: May 2024

Summary

A man on workers compensation, living near Bundaberg without public transport, was randomly stopped 300 metres from home and blew 0.051. With references, an apology, the Traffic Offenders Program and letters from his health providers, he received the one-month minimum, a $150 fine and no conviction.

Key takeaways

The reading was 0.051, just over the limit, about 300 metres from home.
The client had no prior criminal record and significant health issues after workplace accidents.
Letters from his rehabilitation provider, physiotherapist and psychologist were put before the court.
He lives in Horse Camp with no public transport and needs to drive to medical appointments.
The court imposed the one-month minimum, a $150 fine and no conviction recorded.

Just over the limit

In this Bundaberg low range drink driving case study, Joshua Boorman appeared at Bundaberg Magistrates Court, on a day when the wind was blowing a gale, on a low range drink driving charge. The reading was 0.051, just over the limit.

The magistrate even remarked that, without wanting to make light of the matter, a couple of mouthfuls less and our client probably would have made it home under the limit.

What happened

Our client genuinely believed he was not over the limit. He was randomly pulled over about 300 metres from home. Joshua describes it as an unlucky and honest mistake.

About our client

He had never been in any trouble before and had no prior criminal record; his traffic record was pretty good.
He has had multiple workplace accidents over the past four or five years, is on workers compensation and has significant mental health issues.
He lives in a rural area outside Bundaberg called Horse Camp, where there is no public transport, and needs to drive to medical appointments.

Coming to court was daunting for him, and he wanted help.

Why he wanted a lawyer

Joshua notes that some people feel comfortable preparing their own case and making their own submissions. Others want a lawyer who knows the law, knows how to prepare a good case, and can speak in court with the magistrate and police prosecutors. Our client chose to have Joshua prepare the case, handle the court process and take the stress out of it, not because the offence was especially serious.

Bundaberg low range drink driving case study: how Joshua Boorman prepared the case

letters of reference;
a letter of apology;
completion of the Traffic Offenders Program; and
letters from his rehabilitation provider, physiotherapist and psychologist.

Joshua explained to the magistrate his need to get back on the road for medical appointments, given there is no public transport where he lives. The magistrate was receptive to the submissions.

The outcome

the one-month disqualification, which Joshua describes as the absolute minimum the court could impose;
a $150 fine; and
no conviction recorded.

Joshua notes that people get higher fines for speeding, and describes it as the best possible outcome by law. He is confident our client will not be back before the court.

What this case shows

A very low reading, an honest mistake and genuine health and transport needs can all be relevant to the penalty. Every case is different, and outcomes depend on the facts.

Key general information (QLD)

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

Drink driving offences: In Queensland, drink driving offences are set out in the Transport Operations (Road Use Management) Act 1995 (Qld).
The broad penalty picture: TMR describes a 24-hour suspension where the reading is under 0.10, and an immediate suspension, lasting until the charge is dealt with, for mid and high range charges and some other situations.
What happens to a Queensland licence before court: For a low range charge (over 0.0 but under 0.10), the licence is generally not suspended immediately until court, unless an earlier drink driving charge is still pending or certain other conditions apply.
Sentencing and convictions: Alongside the disqualification set under the road transport laws, the general sentencing law in Queensland is the Penalties and Sentences Act 1992 (Qld).
The court process: Drink and drug driving charges in Queensland are dealt with in the Magistrates Court.

Frequently asked questions

What penalty did the client receive?

A one-month disqualification, which Joshua describes as the absolute minimum, a $150 fine and no conviction recorded.

What did the magistrate say about the reading?

The magistrate commented that, without making light of the matter, a couple of mouthfuls less and the client probably would have made it home under the limit.

What material was put before the court?

Letters of reference, a letter of apology, the Traffic Offenders Program certificate, and letters from his rehabilitation provider, physiotherapist and psychologist.

What are the maximum penalties for a first low range offence in Queensland?

For a first offence at 0.05 or more but under 0.10, TMR lists a maximum fine of $3,454 and up to 3 months’ imprisonment, together with a licence disqualification set by the court (as at October 2026).

What are the alcohol limits in Queensland?

As at October 2026, TMR describes four limits: a no-alcohol limit for learner, provisional, probationary and restricted licence holders and drivers of certain vehicles; the general limit of 0.05; the middle limit of 0.10; and the high limit of 0.15.

Read the video transcript

So I've just finished up here in windy Bundaberg absolutely blowing a gale um a very very light matter today was a low-range drink driving, 0.051 um client's never been in any sort of trouble before he's had multiple uh accidents at work he's on workers comp he's got quite significant mental health issues so to come to court today was pretty daunting for him he you know did want help did want a lawyer um magistrate was very uh receptive to the submissions where he made he even made a comment that he didn't want to make light of the matter

But in the words of Maxwell Smart he stood by that much 0.051 uh just over the limit and as he said a couple mouthfuls less and he probably would have made it home okay um just about jump in the car drive back so I'll uh I'll finish this report in the car where there's less wind and better audio okay so that was uh the Bundaberg matter we had 0.051 very very low reading um and um in a lot of cases uh some people might feel comfortable going to court

Preparing their case and doing all the talking and submissions on their own behalf um but part of the reason why a lot of people do get a lawyer is because they know the law they know the right things to do to prepare a good case to speak uh in open court on their feet uh converse with the magistrate and uh the police prosecutions and that's exactly um why my client today got me to come to Bundaberg uh to represent him it wasn't due to the fact that

The offence was the most serious his traffic record was pretty good he has no prior criminal record but um the fact that he could engage a lawyer who could help prepare his case and handle all the court stuff all the preparation and take a lot of the stress out of the whole process that's exactly why he got me involved and I'm glad to say we we got a very good outcome for him we got the absolute minimum that the court could have uh given by law which was 1 month uh of licence disqualification he was given a very low fine of $150 I mean you get more uh you get higher fines for speeding offences than

Than that so $150 and a conviction was not recorded against his name so it's the best possible outcome um by law that he could have really got um and uh and we did all the right things we got letters of reference apology letter helped him with all that sort of stuff he did the Traffic Offenders Program um we even got some uh a letter from his rehab and um physiotherapist and his psychologist cuz he has been going through

Some difficult personal issues surrounding his injuries and workplace accidents that he suffered within the last four or 5 years so um he did have a need to get back on the road as soon as possible and that's one thing that he really did want to um ensure we could try and do for him um he's now living in quite a rural area a little place outside of Bundaberg called Horse Camp there's no public transport there um he needs to get around for medical appointment

So um explained all that to the magistrate and as uh as i' discuss the magistrate was very receptive to our submissions um and um showed him the appropriate leniency in this matter um it's very unfortunate that he um got charged with this offence because he was at the genuine belief that he was not over the legal limit um but and he was about 300 M from home when he was randomly pulled over so um just a very very uh unlucky

Honest mistake on my client's behalf but I'm extremely confident that but um I won't have to represent him again and he won't be back before the criminal justice system again he um he's uh learned some very strong lessons coming out of this uh matter and um and uh I wish you well moving forward so that's the matter here at Bundaberg Magistrates Court.

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