A higher-end mid range reading
In this Tweed Heads mid range drink driving case study, Joshua Boorman appeared at Tweed Heads Local Court on a mid range drink driving charge with a reading of 0.122, towards the top end of the mid range category. He describes the facts as a little more unusual than a regular drink driving matter.
A night at the local pub
The client was visiting a friend near Picton in early December 2022. He went to a local hotel with his friend and his friend’s wife. At the start of the night, his friend’s wife said that if he wanted to drink, she would organise someone to pick them up and take them home, so he could leave his car there. He agreed, had dinner and several drinks.
The hotel had an open front car park facing the main road and a gravel car park at the back that was relatively unused. Worried his car could be broken into, stolen or damaged overnight, he asked if he could leave it at the back. When the night ended and the designated driver had not arrived, he got into his car to move it around the back.
Why police became involved
Police arrived as he was moving the car. Earlier that day, a friend of his had been caught high range speeding in the same car and had been put off the road immediately. Police suspected that friend was driving unlicensed, which is why they approached the car. When they realised it was the client, they breath tested him.
The client was initially difficult with police because he believed he could move his car within the car park, since he had not driven onto a public road. Joshua explains that the law treats a car park as a road-related area, so a person over the limit driving there can still be charged with a PCA offence.
Getting the matter to the right court
The matter was first listed at Picton Local Court. A guilty plea was entered there and the matter was transferred to Tweed Heads Local Court, the closest court to where the client lives, so he could attend in person.
Tweed Heads mid range drink driving case study: how Joshua Boorman showed the court the full picture
Joshua obtained a satellite printout of the hotel showing the front car park, the space at the back and the route the client was taking. It showed he had driven only about 30 to 40 metres, intending to leave the car there overnight. Joshua submitted that the objective seriousness was very low despite the reading.
The client had just started his own business as a mobile mechanic, so driving was critical to seeing customers and testing their vehicles. Any time off the road would affect his ability to support his family, his young children and his mortgage. He completed the Traffic Offenders Program, provided references and a strong letter of apology, and had an essentially unblemished record over 20 years.
The outcome
Joshua made what he calls a bold request: a conditional release order without conviction, with no further disqualification, no interlock order and no fine. The court granted it. The client received a conditional release order for 2 years without conviction.
Joshua describes it as a measured and reasonable outcome, with an over-the-moon client.
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.
- Conditional release orders: The NSW Sentencing Council explains that a conditional release order (CRO) can be made with or without recording a conviction.
- 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 Tweed Heads Local Court, appearing at Picton Local Court and no-conviction outcomes for drink driving in NSW. Its NSW DUI site covers drink driving matters across regional NSW.
On this site, see a Tweed Heads licence suspension appeal and a Picton second-offence case, or browse all NSW and drink driving videos.
For people who are preparing to plead guilty without a lawyer, DIY DUI’s Tweed Heads 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.)
Read the video transcript
G'day Josh Boorman from Boorman Lawyers just outside Tweed Heads Local Court that's the uh the government Department building behind me here I've just appeared on a mid-range drink drive 0.122 was the reading so the reading was certainly getting up there close to the high range [unclear] at the top end of the mid-range category uh I guess the uh the facts of this matter were a little bit more unusual than your regular drink drive my client lives in Queensland at [unclear: 'ilimba' in the captions] which is just North of Caboolture
But he had travelled down to the Picton area to stay with a friend just in the [unclear: 'tarmore'] suburb and that was in early December 2022 on the night of the events he had gone to the [unclear: 'tarmor'] Inn with his friend and his friend's wife um and uh at the beginning of the night his friend's wife said listen if you want to drink to my client if you want to have some drinks then I'll organise a friend of mine to come
Pick us up at the end of the night take us home so you can leave your car here my client agreed and he started drinking had some dinner had several drinks throughout the night then as the night came to an end his friend organised the uh designated driver to come and pick them up my client if you anyone who knows the [unclear] Inn knows that there's a front car park which is quite open to the main road
Very visible and there's also a back section to the [unclear: 'tarmore'] Inn where there's just a gravel sort of car park there which is relatively unused my client was worried about leaving his vehicle there overnight for fear that it could get broken in or stolen or damaged and he spoke to the [unclear: 'public'; likely the publican] and asked if he could park his vehicle around the back of the pub uh so that was um what his intention was at the end of the night [unclear] no driver came
He jumped into his vehicle with the intention of relocating it around the back of the venue as he was doing so uh police arrived on the scene and um they decided to pull him over now one of his friends had been in his vehicle earlier in the day that afternoon and was caught speeding and high range speeding in his car and was put off the road immediately so the police suspected that the driver of my client's vehicle was this friend of his who had been put off the road
Was unlicensed so that's why they took up with the car to begin with but then they realised my client was driving and they subjected him to a breath test my client was initially difficult with them because he didn't believe um that he was doing anything wrong he believed that he was allowed to move his vehicle within the confines of the um Pub car park as he hadn't driven onto a public road but the law says that even a car park is considered a road related area
So if over the limit driving the vehicle on a road-related area you can still be charged for a PCA offence and as such my client was it was a 0.122 reading and he was charged and put before the court his matter went to Picton Local Court we had a plea of guilty entered and the matter transferred up to Tweed Heads Local Court the closest Court to the Queensland border to enable our client to travel down to be here at court today
He did a Traffic Offenders Program he got some references a good strong letter of apology um and we were also able to get a bird's eye satellite print out of the actual [unclear] pub just to show the court exactly the geographical land that we're dealing with the car park at the front the space at the back and we've wrote draw a a direction on the map just to show where our client was going
How it was only probably 30 to 40 metres that he had driven his car with the intention of leaving it there for the night so the objective seriousness was very low despite the reading being quite High into the middle range category so it was a bit of a a weighing up situation for the magistrate today to consider the reading but also to consider the low level of objective seriousness we did push a strong subjective case to show that our client has just started his own business as a mobile mechanic his need to drive is critical to him being able to see customers service
Test their vehicles anytime off the road means that he's unable to work support his family young children and satisfy his uh mortgage um so very strong subjective case he did the Traffic Offenders Program showed genuine remorse um and I did submit a bold request for the court to consider a conditional release order without proceeding to conviction without proceeding to any further disqualification any interlock order and no fine and that was granted today but our client was put on a two-year conditional release order which is like a two-year good behaviour bond which he has to comply with a very very relieved client today he had a good record he has pretty much no entries unblemished record for the past 20 years which also heavily worked in his favour just showed this matter was completely out of character for him I think it's highly unlikely we'll ever see our client before the criminal justice system again
But um thank thankfully um sanity has prevailed on this occasion a very measured and reasonable outcome by the court today and a very ecstatic and over the moon client thanks for tuning in here at Tweed Heads Local Court.
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.
