Boggabilla Drink Driving Case Study: Third Offence, Mid-Range PCA (0.080) and the 3-Month Minimum (NSW)

Jurisdiction
New South Wales
Court
Boggabilla Local Court
Charges
Middle range PCA (0.080) — third drink driving offence
Outcome
Guilty plea. 3-month minimum disqualification, backdated under a section 206B order, and a $750 fine. The magistrate said the two priors prevented leniency on conviction.
Filmed
November 2025

Summary

Joshua Boorman explains a mid-range PCA (0.080) at Boggabilla Local Court. The client drove about 30 minutes after an argument at a camping spot near Goondiwindi. Because it was his third drink driving offence, the magistrate would not avoid a conviction, but reduced the disqualification to the 3-month minimum, backdated under section 206B, with a $750 fine.

Key takeaways

  • The 0.080 reading sat at the very bottom of the NSW mid range, and there was little aggravating about the offence itself.
  • Driving for about 30 minutes slightly aggravated the matter.
  • An early guilty plea, cooperation with police and the Traffic Offender Program counted in his favour.
  • Two old low range priors (about 8 and 17 years earlier) stopped the magistrate from extending leniency on conviction.
  • The court imposed the 3-month minimum disqualification, backdated under section 206B, and a $750 fine.

The court and the charge

Boggabilla Local Court is a small, old-school courthouse with a real country, outback feel. In this Boggabilla drink driving case study, Joshua Boorman appeared there on a middle range PCA (prescribed concentration of alcohol) charge. The reading was 0.080 — right on the cusp of the mid range — and there was nothing significantly aggravating about the offence itself.

What happened

Our client is originally from West Papua and has lived in Australia for about 20 years. He works locally on farms. On the day of the offence he had been at Lees Reserve, a small camping and fishing spot just outside Goondiwindi, with his two teenage sons, his ex-wife and a mutual friend. He had been drinking from about 11 am until about 4 pm.

He then got into an argument with his ex-wife. Things became tense, and he decided to leave. Joshua describes it as a poor decision fuelled by emotion: he got into his car to drive home.

He drove for about 30 minutes — which slightly aggravates the matter — before he was stopped at a random breath test. (The exact location of the stop is not clear in the recording.)

Factors in his favour

  • he was the sole occupant of the vehicle;
  • it was not his manner of driving that brought him to police attention — it was a standard RBT;
  • there was only light traffic around;
  • the reading was at the lower end of the mid range;
  • he fully cooperated with police;
  • he entered an early plea of guilty and appeared in court with remorse; and
  • he completed the Traffic Offender Program.

He lives in Yetman, is divorced, has two teenage children, and works on local farms.

What counted against him

This was his third drink driving offence. He had one about eight years earlier and another about 17 years earlier, both in the low range. As Joshua puts it, it was not his first rodeo.

The magistrate pointed out that, had it not been for those priors, he would have been able to extend significant leniency by not recording a conviction. But he could not look past the two prior offences.

The outcome

  • The disqualification was reduced from the automatic period to the minimum period of three months.
  • That disqualification was backdated under a section 206B order.
  • He was fined $750.

What this Boggabilla drink driving case study shows

A low reading, a short list of aggravating features and good cooperation can bring a penalty down to the minimum, but prior drink driving offences — even old, low range ones — can close the door on a no-conviction outcome. The magistrate made that link clear in this case. Every case depends on its own facts and 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 second or subsequent mid range PCA offence as a fine of $3,300 and up to 12 months’ imprisonment (as at October 2026).
  • The Alcohol Interlock Program: According to Transport for NSW’s Alcohol Interlock Program page, drivers convicted of mid range, high range, repeat and other serious drink driving offences are required to take part.
  • 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.

Further reading and related videos

Boorman Lawyers has more on appearing at Boggabilla Local Court, NSW drink driving penalties and NSW alcohol interlock laws. Its NSW site covers drink driving matters across regional NSW.

On this site, see a Parramatta mid-range case after a crash 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 Boggabilla page 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 court impose at Boggabilla?

The magistrate reduced the disqualification to the minimum period of three months, backdated it under a section 206B order, and imposed a $750 fine.

Why wasn't the conviction avoided?

The magistrate said that without the client's two prior drink driving offences he could have shown significant leniency by not recording a conviction, but he could not look past those priors.

Do old drink driving offences still count?

In this case they did. The client's priors were about eight and 17 years old and both low range, but they still made this his third drink driving offence and weighed against him at sentence.

What worked in the client's favour?

He was stopped at a random breath test rather than for his driving, there was light traffic, the reading was at the lower end of the mid range, he cooperated, pleaded guilty early and completed the Traffic Offender Program.

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.

Can an interlock exemption be based on living in the country?

No. Transport for NSW states that an interlock exemption order cannot be based on living in a regional or remote area. Exemptions are available only in limited circumstances.

Read the video transcript

It's Josh Boorman here just outside Boggabilla local courthouse where I've attended uh court today on a middle- range PCA offence. Um uh quite a uh interesting little town [unclear] very sort of uh country outback feel very small [unclear] uh courthouse behind me here. Um but uh today um yeah mid-range PCA 0.080 so just on the cusp of mid-range um and um basically nothing significantly aggravated about the matter itself. My client's uh originally from West Papua's been in um Australia now for 20 odd years. Um works locally, works on the farms. um hard work.

Um um but on the day of the offence, he'd um been at Lee's Reserve, which is just a little um camping fishing spot uh located just outside Gundy. Um he'd been there with his two um teenage sons, his ex-wife, and another mutual friend. um he'd been drinking throughout the day from about 11 till 4:00 um 4:00 in the afternoon and then uh he ended up getting into a bit of an argument with his ex-wife um as you do and um um it got a bit testy and pretty intense and he made the decision to leave that tense environment.

Uh poor probably decision um fuelled by uh emotions where he got into the car to drive home. Now he had been um driving probably slightly aggravates the matter. He'd been driving for about 30 minutes before being pulled over by a random breath test um [unclear] in Goondiwindi. Um uh sole occupant of the vehicle, not his manner of driving which brought him to the attention of police. It was just a a standard RBT. Um uh it was a light amount of traffic around. Um the reading was at the lower end of the mid-range category and um he fully cooperated with police.

He appeared here today with remorse and it's an early plea of guilty. Um he works on the farms locally as mentioned. He's got two teenage kids. He's divorced. He lives in Yetman. Um he uh has done the traffic offenders program. But the thing that was certainly going against him today is this was his third drink driving in total. He had one some eight years ago and 17 years ago. Both were priors were low range. Um but certainly um it wasn't his first rodeo as they say.

It was uh uh his third drink drive and it's um starting to get a bit long in the tooth um this drink driving stuff and the magistrate sort of pointed that out that um had it not been for his prior, he would have been able to give him uh a significant level of um uh leniency in not recording a conviction. But he couldn't look past the two prior um offences. And um uh today we decided to reduce the um automatic period down to the minimum period of 3 months.

That was backdated under a section 206B um order. Um and he was given a $750 fine. Um so that was the matter today at Boggabilla Local Court. Um as you can see behind me, it's a pretty um small old school outback um courthouse. We've got uh on the other corner behind me the the old Wobbly Boot Hotel and then the police station over behind me here. So that's the matter here at Boggabilla. 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.