Campbelltown Drink Driving Case Study: Mid Range (0.087), Wrong “Repeat Offence” Label Fixed, 3-Month Minimum (NSW)

Jurisdiction
New South Wales
Court
Campbelltown Local Court
Charges
Mid range PCA (0.087), dealt with as a first offence
Outcome
Guilty plea. Conviction recorded. 3-month minimum disqualification (backdated), $600 fine, 12-month alcohol interlock program.
Filmed
April 2024

Summary

A grieving client charged with mid range PCA (0.087) had been wrongly categorised as a repeat offender over an offence from 10 or 11 years earlier. After the error was fixed, Campbelltown Local Court imposed the 3-month minimum, a $600 fine and the interlock program.

Key takeaways

  • The reading was 0.087, with nothing aggravating about the offence.
  • Police had categorised the charge as a second offence based on a prior from 10 or 11 years earlier; Joshua had it corrected with the prosecutor.
  • Joshua notes the repeat categorisation would have almost doubled the penalties.
  • A request for no conviction was refused because of the prior offence and a poor traffic record.
  • The court imposed the 3-month minimum (backdated), a $600 fine and 12 months on the interlock program.

A mid range PCA at Campbelltown

In this Campbelltown drink driving case study, Joshua Boorman appeared at Campbelltown Local Court for a client charged with a mid range PCA offence. The reading was 0.087, and there was nothing aggravating about the offence. He was stopped at a random breath test, and Joshua describes him as a lovely client who was polite and cooperative with police.

About our client

The client had been going through a lot of personal grief after losing his father in November of the previous year. He had taken steps to address his mental health and grief, and he completed the Traffic Offenders Program.

Joshua says everything was looking good, except for his traffic record.

A charging error

The charge had been categorised as a second offence because of a prior mid range drink driving offence. That earlier offence was about 10 or 11 years before.

Joshua explains that, in his view, police can only categorise a person as a repeat offender where the prior offence was within the last 5 years, so the police had made a mistake. He spoke with the police prosecutor to fix it, so the client was not treated as a repeat offender. Joshua notes that the repeat categorisation would effectively have almost doubled his penalties.

Asking for no conviction

Joshua then boldly asked the court for a section 10 no conviction order, despite the prior mid range offence. The client also had a high range speeding offence about 6 or 7 years earlier, for which he had received the benefit of a section 10 order.

The court took the submissions on board, but refused the request for no conviction because of the prior offence and the client’s poor traffic record.

The outcome

  • the minimum disqualification of 3 months, backdated (he had already served a month off the road);
  • a $600 fine, which Joshua describes as heavily reduced; and
  • the alcohol interlock program for 12 months.

With about 2 months left to serve, he can then go on an interlock licence and get back to his job. Joshua says the client understood that his past traffic record could not be changed, and was happy with the outcome.

What this Campbelltown drink driving case study shows

Checking how a charge has been categorised is an important early step. Here, fixing the repeat-offence label kept the matter in the first-offence range. A no-conviction outcome was not achieved because of the client’s history, but the court imposed the minimum disqualification. Every case is different, and outcomes depend on the facts and the person’s record.

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).
  • How repeat offences are treated: Transport for NSW says drivers convicted of 2 drink driving offences within a 5-year period must pass the Driver Knowledge Test before they can be licensed again.
  • The Alcohol Interlock Program: A zero alcohol limit applies to all interlock drivers, and a person who receives an interlock order but does not enter the program is disqualified for 5 years.
  • 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 Campbelltown Local Court, NSW drink driving penalties and NSW alcohol interlock laws. Its Sydney site covers drink driving matters across Sydney courts.

On this site, see a Liverpool mid range case after a collision and a Wyong mid range case where an earlier offence was not counted, 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 Campbelltown 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?

A conviction, the 3-month minimum disqualification (backdated), a $600 fine and 12 months on the alcohol interlock program.

Why was the charge recategorised?

Police had treated it as a second offence because of a prior from 10 or 11 years earlier. Joshua explains that, in his view, a repeat categorisation depends on the prior being within the last 5 years, and he had it fixed with the police prosecutor.

Why was there no section 10 order?

The court considered the submissions but refused a no-conviction outcome because of the prior mid range offence and the client’s poor traffic record.

What is a mandatory interlock order in NSW?

In general terms, it is an order made on conviction for certain drink driving offences, including mid range, high range and repeat offences. It combines a minimum licence disqualification with a later period (at least 12 months) of driving only a vehicle fitted with an alcohol interlock. Transport for NSW publishes the periods for each offence. This is general information only.

What are the PCA ranges in NSW?

As at October 2026, Transport for NSW lists novice range (learner or provisional driver above zero), special range (special category drivers over 0.02), low range (0.05 to 0.079), mid range (0.08 to 0.149) and high range (0.15 and above).

Read the video transcript

Okay so I've just it's Josh here from Boorman Lawyers I've just finished up at Campbelltown Local Court behind me had the mid-range PCA offence 0.087 nothing aggravated about the matter uh random breath test uh guy was lovely lovely client and polite Cooperative with police he's been going through a lot of personal grief after losing his father um only uh in November last year um he has taken steps to address his mental health and those grief issues went

Did the Traffic Offenders Program everything was looking good um except for his traffic record um he was actually charged with a um uh it being a categorised as a second offence um but his offence his prior drink Drive offence was uh 10 11 years ago so um police can really only categorise a person as a repeat offender if the offence was with the prior offence was within the last 5 years so the police made a mistake in that regard we had to uh have a chat to the police prosecutor in order to fix that up

So our client wasn't um categorised as a repeat offender which would have effectively almost doubled his penalties um so we cleaned that up today um and uh our client was um boldly seeking a uh section 10, a no conviction order um for uh this offence despite the fact that he did have a prior mid-range U PCA about 10 11 years ago he also about 6 7 years ago had a high range speeding offence which he was granted the benefit of a section 10 [unclear]

We did boldly push our uh submissions that the court could consider not proceeding to [unclear] conviction um but that was uh it was it was taken on board but it was um our request for a no conviction was denied based on our client prior and poor traffic record he was granted the minimum disqualification which was 3 months that was backdated he's already done a month off the road fine was heavily reduced down to $600 uh he will be required to do the alcohol interlock program for 12 months a client understood that you know there's there's not much you can do about changing your past traffic record what's happened in the past is is set in stone

And he was very understanding and uh Happy actually with the outcome he's got about 2 months left to serve and then he can go on an interlock licence he'll be back on the road and be able to um uh perform his job as is expected of him so yeah a positive and good outcome here today at Campbelltown Local Court um the uh 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.