A mid range charge at Maitland
In this Maitland drink driving case study, Joshua Boorman appeared at Maitland Local Court for a client charged with a middle range drink driving offence. The reading is unclear in the recording, but it was in the middle range, and Joshua says there was nothing aggravating about the matter.
What happened
The client had been at a friend’s place and intended to stay the night. As the night went on, he realised he was not welcome to stay and was effectively asked to leave. His plan B had unravelled, and he was left out on the street with his car and his keys in his pocket.
Joshua says temptation got the better of him. He tried to assess his own sobriety by counting his drinks, but clearly got it wrong. He was pulled over for a random breath test on the way home and returned a positive reading.
Nothing aggravating
It was not his manner of driving that brought him to police attention, and he was the sole occupant of the vehicle. He had an absolutely clean, unblemished traffic record and no criminal history.
He is from India and had only been in Australia for a couple of years, so Joshua notes that a clean record was somewhat to be expected. He is studying a master’s degree in accounting and helps look after his niece, including getting her to and from school.
Maitland drink driving case study: how Joshua Boorman prepared the case
- He completed the Traffic Offenders Program and said he learned a lot from it.
- A certificate of completion was handed to the court.
- He wrote a well put together letter of apology.
- He had already spent about 6 or 7 weeks off the road before court.
The outcome
Joshua was able to persuade the magistrate to reduce the disqualification to the minimum:
- the 3-month minimum disqualification, backdated to take account of the time already off the road;
- a $550 fine; and
- the alcohol interlock program.
Joshua says the client was very relieved that he would be back on the road soon and able to focus on his studies and on setting up a life for himself in Australia.
What this case shows
Trying to count drinks to work out whether you are under the limit is unreliable, as this case shows. On the court side, a straightforward mid range matter with no aggravating features, a clean record and good preparation supported the minimum disqualification. 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.
- 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: 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.
- 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.
- 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 Maitland Local Court, Newcastle Local Court and the NSW Traffic Offender Program. Its NSW site covers drink driving matters across NSW.
On this site, see a Newcastle mid range case and a Port Macquarie mid range case, 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 Maitland 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.)
