NSW law Court-town guides Drink driving

Finley Drink Driving Case Study: Low Range (0.056), Third Offence Ends With a CRO and No Conviction (NSW)

Name: Finley Drink Driving Case Study: Low Range (0.056), Third Offence Ends With a CRO and No Conviction (NSW)
Uploaded: 2023-10-21T00:00:00+10:00
Duration: 4 min 36 s
Description: A frontline firefighter with two prior PCA offences (about 7 and 11 years earlier) was charged with low range PCA at 0.056. With strong references and commendations, Finley Local Court made an 18-month CRO without conviction, over the prosecutor's objection.

By Joshua Boorman, Principal, Boorman Lawyers · 21 October 2023 · 4:36 video

Jurisdiction: New South Wales
Court: Finley Local Court
Charges: Low range PCA (0.056), third drink driving offence
Outcome: Guilty plea. No conviction recorded; 18-month conditional release order. No disqualification, fine or interlock order.
Filmed: October 2023

Summary

A frontline firefighter with two prior PCA offences (about 7 and 11 years earlier) was charged with low range PCA at 0.056. With strong references and commendations, Finley Local Court made an 18-month CRO without conviction, over the prosecutor's objection.

Key takeaways

The reading was a very low 0.056, and the objective seriousness was low.
The client had two earlier PCA offences, about 7 and 11 years before.
He provided letters from his father, employer and Fire and Rescue NSW, plus commendations.
The prosecutor opposed a no-conviction outcome.
The court made an 18-month CRO without conviction, with no disqualification, fine or interlock.

A low range charge at Finley

In this Finley drink driving case study, Joshua Boorman appeared at Finley Local Court, in a small township near the Victorian border that falls within New South Wales. His client was charged with a low range drink driving offence, with a very low reading of 0.056, and wanted to try to keep his licence.

Why it was difficult

This was the client’s third drink driving offence. He had a mid range offence about 7 years earlier and a very serious high range offence about 11 years earlier. Those two prior PCA offences were the main thing working against him.

The objective facts

Joshua describes the objective seriousness of the offence as quite low. The reading was 0.056, he was the sole occupant, and he was driving late at night in a regional area. He was pulled over for a random breath test, not because of his manner of driving.

A strong subjective case

Letters from his father and his employer.
A letter from Fire and Rescue NSW, where he works as a frontline firefighter.
Commendations, including a letter of commendation from the NSW Premier.
A completed Traffic Offenders Program.

Joshua says the material showed he was a man of good character who does a lot for the community.

Submissions in this Finley drink driving case study

Joshua asked the court to exercise its discretion, on this very rare occasion, not to record a conviction. Without a licence he would struggle in a regional area with a distinct lack of public transport, and he needed to be on the front line as a firefighter, with the fire season shaping up to be volatile.

The prosecutor opposed any order not recording a conviction.

The outcome

The court accepted Joshua’s submissions. It did not record a conviction and placed the client on a conditional release order for 18 months, which Joshua compares to a good behaviour bond. The client must not break the law during that time. If he does, he can be resentenced for this offence and would not get the same leniency.

He received no disqualification, no fine and no interlock order. Joshua describes it as the best outcome they could have hoped for, given his record, and says the magistrate accepted he is a changed man from the person he was when the earlier offences occurred, about 10 years before.

What this case shows

A record of prior offences makes a no-conviction outcome hard to achieve, but not always impossible. Here, a low reading, a long gap since the earlier offences and strong character material made the difference. 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).
Low range drink driving penalties: First offence: a maximum court-imposed fine of $2,200, a minimum disqualification of 3 months, an automatic disqualification of 6 months, and no alcohol interlock order.
Conditional release orders: The NSW Sentencing Council explains that a conditional release order (CRO) can be made with or without recording a conviction.
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.
The court process: Drink and drug driving charges in NSW are usually dealt with in the Local Court.

Frequently asked questions

What was the outcome?

No conviction was recorded, and the client was placed on an 18-month conditional release order. There was no disqualification, no fine and no interlock order.

What happens if he breaches the order?

Joshua explains that if he breaks the law during the 18 months, he can be brought back and resentenced for this offence, and would not be given the same leniency.

Did the prosecution agree?

No. The prosecutor opposed any order not recording a conviction, but the court accepted the defence submissions.

What is a conditional release order?

A conditional release order (CRO) is a NSW sentencing option under the Crimes (Sentencing Procedure) Act 1999. It can be made with or without a conviction, and the NSW Sentencing Council notes it can last up to 2 years. Whether one is appropriate is a matter for the court in each case.

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

G'day, Josh Boorman here I'm just at Finley Local Court in uh the region of Finley the little Township of Finley which is just uh near the border of Victoria and New South Wales it is in the jurisdiction of New South Wales so I've been called here today to represent my client who was charged with a low-range drink driving offence was a very very low raing at 0.056 um and was obviously seeking today to try and keep his licence

The where this matter did become quite difficult is the fact that it was his third drink driving offence he had a mid-range about 7 years ago and a high range very serious high range about 11 years ago um we were able to present a very strong subjective case before the court um because we were able to get letters from his father his employer um and also uh the fire and rescue [of] New South Wales Department which he uh Works in as a Frontline firefighter

We had uh commendations and uh a letter of commendation from um the New South Wales Premier to show and prove that he is a man of good character who does a lot for the community and he did the Traffic Offenders Program as well so we had some good strong subjective material there the objective seriousness of the matter was quite low at 0.056 he was a sole occupant of the vehicle uh he was driving late at night in a regional area uh pulled over for the random breath test wasn't due to his manner of driving

So all the factors were in his favour to support a um a very lenient outcome today the only thing that was obviously going very much against him was the two prior PCA drink driving offences on his history um we submitted that um um the court should use its discretion on this very rare occasion to not record a conviction um based on the fact that he will lose his licence if he can't drive there's a distinct lack of public transport in this Regional area

Um and he's obviously required um to be on the front line to work as a firefighter with the season shaping up to be quite a volatile one um the prosecutor got up and um opposed any sort of uh order that the court make um not recording a conviction um but the uh the court today uh fell on our side of the argument and decided not to record a conviction and place our client on a conditional release order

Which is like a good behaviour bond for 18 months um he is not able he must comply with the order he can't break the law within 18 months and if he does then he will be resentenced on this matter before the court and he won't be given the same level of leniency but he does he will not get any further or he won't get any disqualification from this matter he won't get any fine no interlock um uh device needs to be fitted

Um he's basically uh the matter has been dismissed um uh under conditional release order so it was the absolute best outcome we could have hoped for it is obviously going to be a very hard um outcome to achieve given his prior record um but thankfully all the good strong material we presented and um and uh the magistrate today was very receptive to the fact that he is a changed man um despite this recent offence changed man to what he was about um 10 years ago when the prior offences occurred so that was the matter today at Finley Local Court 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.