Gosford Interlock Breach Case Study: Special Range PCA on an Interlock Licence and Suspended Driving (NSW)

Jurisdiction
New South Wales
Court
Gosford Local Court
Charges
Special range PCA (0.035, interlock licence, second offence); failing to comply with interlock licence conditions; driving while suspended (second offence)
Outcome
Guilty pleas. $700 fine for the interlock condition breach; minimum disqualification, a fine and a 12-month interlock order for the special range PCA; 6-month minimum disqualification for suspended driving. Concurrent.
Filmed
February 2024

Summary

A former client on an interlock licence returned 0.035 in a car with no interlock fitted, then later drove while suspended. With references, an apology and the Traffic Offenders Program, Gosford Local Court confined the penalties to fines and disqualification, with eligibility for an interlock licence in 6 months.

Key takeaways

  • On an interlock licence, a zero alcohol limit applied, so 0.035 led to a special range PCA charge.
  • Driving a car without an interlock device led to a separate charge for breaching the licence conditions.
  • Collecting his car while suspended led to a second-offence suspended driving charge.
  • Joshua gave the court context: a failed business, financial distress and a hit to his mental health.
  • Penalties were fines and concurrent disqualifications, with 6 months off the road and then 12 months on the interlock.

A returning client at Gosford

In this Gosford interlock breach case study, Joshua Boorman appeared at Gosford Local Court for a former client on several traffic charges. About 10 months earlier, Joshua had represented him at the same court on a mid range drink driving offence, where he received the minimum period of 3 months and a 12-month interlock order.

Things had not improved for him since. He went through a tumultuous period, including the failure of his business and financial distress, and he made some very poor decisions about his licence and driving. In particular, he failed to maintain his interlock licence.

The first incident

In December, after his business had failed in November, he drove to a job interview in another town. Afterwards he was invited to have three beers at a local pub, which he drank over about five hours. He assumed he would be at zero.

On the drive home he was stopped for a random breath test and returned a very low reading of 0.035. Because he was on an interlock licence, a zero blood alcohol limit applied to him, so he was charged with a special range PCA offence. And because the car he was driving did not have an interlock device fitted, he was also charged with failing to comply with the conditions of his licence.

The second incident

Joshua says the client then did himself no favours. In late January, his partner had driven his car to the same town for dinner, and they caught an Uber home, leaving the car in a 2-hour parking spot. After a disagreement the next morning, she refused to collect it, so he caught an Uber there and drove the car home himself.

He was stopped for a licence check on the way back and charged with a suspended driving offence. The special range PCA and the suspended driving charge were both categorised as second or repeat offences, which increases the penalties.

Gosford interlock breach case study: how Joshua Boorman presented the case

Joshua tendered letters of reference and an apology letter, and the client completed the Traffic Offenders Program again. Joshua gave the court context about why the client had made a series of poor decisions in a short time: his mental and emotional health had taken a hit along with his finances when his business failed. He was unemployed and looking for work, which would be hard without a licence.

Joshua also notes that the client now has to start obeying court orders and the road rules, or he will eventually face the possibility of imprisonment.

The outcome

  • Failing to comply with the interlock conditions: a $700 fine.
  • Special range PCA (second offence): a minimum disqualification (the captions are unclear but suggest 1 month) and a fine, with a mandatory 12-month interlock order.
  • Suspended driving (second offence): the minimum disqualification of 6 months.
  • The penalties run concurrently, so he will be eligible to apply for a licence (an interlock licence) in 6 months, and will then need to complete 12 months on the interlock.

All penalties were confined to fines and further disqualification. Joshua says the client understood and accepted the outcome and is committed to doing the right thing.

What this case shows

Interlock licences come with strict conditions, including a zero alcohol limit and driving only a vehicle fitted with the device. Breaching them, and then driving while suspended, can quickly turn one matter into several. 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.

  • Driving on an interlock licence: Transport for NSW also says that a person who receives an interlock order but does not enter the program is disqualified for 5 years, and that a person who does not complete the requirements of an interlock order is disqualified for at least 5 years.
  • Special and novice range offences: As at October 2026, Transport for NSW lists the court-imposed penalties for a second or subsequent low, special or novice range offence as a maximum fine of $3,300, a minimum disqualification of 6 months and an automatic disqualification of 12 months, with an alcohol interlock order.
  • Police suspensions and court disqualifications: Transport for NSW explains that police can suspend a licence on the spot for certain offences, including driving with a prescribed concentration of alcohol, driving under the influence of alcohol or drugs, some serious speeding offences and hoon offences.

Further reading and related videos

Boorman Lawyers has more on appearing at Gosford Local Court, NSW alcohol interlock laws and suspended driving offences in NSW. Its NSW site covers traffic and drink driving matters across NSW.

On this site, see a Gosford aggravated mid range case and a Downing Centre special range and disqualified driving case, or browse all NSW and drink driving videos.

For general reading on the drink driving charge only, DIY DUI’s guide to drink and drug driving charges at Gosford 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.) DIY DUI does not deal with suspended driving or interlock condition charges.

Frequently asked questions

What penalty did the client receive?

A $700 fine for breaching the interlock conditions, a minimum disqualification, a fine and a 12-month interlock order for the special range PCA, and the 6-month minimum disqualification for suspended driving. The disqualifications run concurrently.

Why was 0.035 an offence?

He was on an interlock licence. Joshua explains that a zero blood alcohol limit applied, so the reading led to a special range PCA charge.

Can you drive a car without an interlock on an interlock licence?

No. Transport for NSW says it is illegal to drive without an interlock device when on an interlock licence. In this case, that led to a separate charge.

What are the penalties for a second suspended driving offence in NSW?

As at October 2026, Transport for NSW lists a maximum court-imposed fine of $5,500, up to 12 months’ imprisonment, a minimum disqualification of 6 months and a default disqualification of 12 months for a second or subsequent offence of driving while disqualified, cancelled, suspended or refused.

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.

Read the video transcript

Goodday it's Josh from Boorman Lawyers I'm back here at Gosford Local Court today where I've appeared on a number of traffic offences for an old client of mine uh represented this client about 10 months ago at this court on a mid-range drink driving offence he was given minimum period of 3 months and a 12- month interlock device for that particular offence um things haven't really gotten much better for my client he's had a number of tumultuous things go on in his life including the failing of his business financial distress

Um he's then also um made some very poor decisions in relation to um his licence and uh driving on the road uh in particular um he's failed to maintain his interlock licence um and then in November late last year um his business failed then in December he um uh drove up to [unclear: town name] uh seeking a a new job job interview and um after the job interview he was invited to go and have three beers at a local pub he only had three beers in about a 5-hour period

So not a lot of alcohol he assumed he would have been at zero blood alcohol um on the drive home he's pulled over for an RBT uh and recorded a a very low reading of 0.035 but due to the fact he was on an interlock licence um he was subjected to a zero blood alcohol and on top of that because he was driving a vehicle that did not have uh an interlock device fitted in it he was subsequently charged with

Failing to comply with the um conditions of his licence by not driving a vehicle with a interlock device in it so there was those two charges and he certainly did himself no favours by um then making a very foolish decision in uh late January um to uh go retrieve his vehicle go retrieve his vehicle from [unclear: town name] after um his partner drove his vehicle up to [unclear: town name] the night before they'd gone to dinner they ubered at home his vehicle was left in a uh a 2hour parking slot

He had a disagreement with his partner the next morning she refused to go get the vehicle made the poor decision to um uh catch an Uber up to [unclear: town name] pick up his car and return it back home he was picked up for a licence check on the way back home and he was subsequently charged with a suspended driving offence now these were all [unclear] special range PCA and the suspended Drive were categorised as second or repeat offences

Um and so that does increase the penalties in relation to each offence uh we tendered some uh subjective material some letters of reference apology letter and um uh he did do the Traffic Offenders Program again and we gave some context as to why he has made such a um series of poor decisions in a relatively short period of time and explain to the court that his mental and emotional health had taken a hit along with his financial

Position due to the failing of his business he currently unemployed looking for new work that's going to be hard without a licence so um he's uh in a position where he um now has to make a decision that um he um he he he he needs to start obeying the court orders and the rules of the road otherwise he will eventually face uh coming to court um and potentially receive a term of imprisonment so he's uh obviously wants to avoid that at all costs uh

But moving forward in relation to today's matters he was issued a $700 fine for uh failing to comply with the interlock conditions of his licence he received a [unclear: '1mon' in the captions, likely 1-month] minimum disqualification for the special range PCA offence and also given an [unclear: '$100' in the captions] fine uh that does come with an automatic or a mandatory uh 12-month interlock order um and then in relation to the suspended driving offence um he was uh given the minimum period of 6 months disqualification

So effectively he will be eligible uh in 6 months time cuz all those uh penalties run concurrently at the same time he will be eligible in 6 months time to go and apply for a licence albeit an interlock licence again and he will have to do that interlock licence for 12 months uh has a number of fines um but all penalties were confined to fines and further disqualification period so he was very understanding he accepted that it was

Two separate offences a number of charges which have um had to be dealt with today it wasn't overly straightforward he's done himself no favours but moving forward he's um committed to doing the right thing and hopefully it's the last time we'll see him back before uh Gosford Local Court or any Court in New South Wales for that matter thanks for tuning in today.

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.