A mid range charge with aggravating features
In this Gosford mid range PCA case study, Joshua Boorman appeared at Gosford Local Court on the Central Coast on a mid range drink driving (PCA) charge. The reading was 0.108.
Joshua explains that the matter was aggravated because there was a passenger in the car, because our client was on his mobile phone when police saw him, and because of the distance he drove.
What happened
Our client had been in Sydney for a work induction. Around lunchtime he had three full-strength beers, then drove back to the Central Coast.
Police saw him on his phone and pulled him over. That led to the breath test and the mid range reading.
About our client
- He is 23 and works full time as an electrician.
- He has been driving for about eight years and has five minor traffic infringements, including an earlier mobile phone offence.
- This was his first alcohol-related traffic offence.
- He lives on the Central Coast, where public transport is scarce, and needs to drive for work.
Gosford mid range PCA case study: how Joshua Boorman prepared the case
Our client prepared character references and a letter of apology and completed the Traffic Offenders Program. As Joshua puts it, he took all the right steps.
The outcome
The defence sought the 3-month minimum. The magistrate agreed, but said he did so only just, because of the mobile phone, the passenger and the distance driven. The steps our client had taken and his need to get back on the road for work persuaded the court.
- the 3-month minimum disqualification, backdated to the day he was first put off the road;
- a $500 fine for the mid range PCA;
- 12 months with the alcohol interlock; and
- a separate $500 fine for the mobile phone offence.
Our client had expected a longer period off the road. He had already served about two and a half months, so he has only two or three weeks left.
What this case shows
Aggravating features, such as a passenger or using a phone, can push a magistrate away from the minimum. Here the court was persuaded “only just” by the steps taken and the practical need for a licence. Every case is different, and outcomes depend on the facts and the person’s history.
Key general information (NSW)
General information only, not legal advice, as at October 2026. Every case turns on its own facts.
- Drink driving (PCA) offences: In New South Wales most drink driving charges are “prescribed concentration of alcohol” (PCA) offences under the Road Transport Act 2013 (NSW).
- The broad penalty picture: As one example, Transport for NSW lists the maximum court-imposed penalty for a first mid range PCA offence as a fine of $2,200 and up to 9 months’ imprisonment (as at October 2026).
- The Alcohol Interlock Program: For a first mid range PCA offence, Transport for NSW lists a disqualification of 3 to 6 months, followed by an interlock period of 12 months.
- Sentencing options: At the lower end, a court can find an offence proved but not record a conviction, either by dismissing the charge or by making a conditional release order (CRO) without conviction.
- Intervention programs and deferred sentencing: Fines in NSW are expressed in penalty units, and the Sentencing Council notes that a penalty unit is currently $110.
Further reading and related videos
Boorman Lawyers has more on appearing at Gosford Local Court, NSW alcohol interlock laws and NSW drink driving penalties. Its NSW site covers drink driving matters across NSW.
On this site, see the Mount Druitt mid range matter with the 3-month minimum and a Picton second mid range matter, 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 Gosford 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.)
