Katoomba Mid Range Drink Driving Case Study: 0.099 With a Child in the Car, CRO, No Conviction and No Disqualification (NSW)

Jurisdiction
New South Wales
Court
Katoomba Local Court
Charges
Mid range PCA (0.099), first offence, with a child passenger
Outcome
Guilty plea. Conditional release order for 12 months without conviction. No disqualification.
Filmed
June 2023

Summary

A high school teacher was charged with mid range drink driving (0.099) with her 11-year-old son in the car. With strong references and a psychologist's letter, Katoomba Local Court made a 12-month CRO without conviction and no disqualification.

Key takeaways

  • The reading was 0.099, and her 11-year-old son was a passenger.
  • She was stopped at a random breath test, not because of her driving.
  • Police placed her in the back of a paddy wagon, which Joshua considered excessive.
  • Letters from her boss, a family friend, her pastor and the family psychologist were handed up with an apology and the Traffic Offenders Program.
  • The court made a 12-month CRO without conviction and no disqualification.

A cold day at Katoomba

In this Katoomba mid range drink driving case study, Joshua Boorman appeared at Katoomba Local Court in the Blue Mountains on 26 June 2023, which he describes as an absolutely freezing and windy day. His client had been charged with a middle range drink driving offence, with a reading of 0.099.

The aggravating feature was that her 11-year-old son was in the car as a passenger. She was pulled over for a random breath test, not because of her manner of driving.

A very stressful week

The client is a high school teacher with three young children, all with varying degrees of mental health issues. Joshua describes her life as tough and tumultuous in the lead-up to the incident.

  • Her youngest daughter had been placed on new medication that had not gone as planned.
  • The night before, she and her husband were getting their home ready to rent out for the weekend to earn some extra money, and when the cleaner cancelled at the last minute, they spent all night cleaning.
  • The next day she drove the children to and from their sporting activities.
  • The family had camped at a friend’s property the night before, and she went back to the campsite to pack up.

Between about 4 pm and 6.30 pm, while packing up, she had three glasses of an alcoholic drink (the captions are unclear about which drink). She waited an hour and a half before driving home, and was pulled over for the random breath test.

Placed in the back of a paddy wagon

She was placed in the back of a paddy wagon, which Joshua says is quite unusual for a person charged with drink driving, particularly a mother with no criminal background who was compliant with police. He thought it was an excessive step. It was a harrowing experience for her, and her son, who was with her, was quite emotional at the time.

Preparing for court in this Katoomba mid range drink driving case study

Joshua says there was a lot of material to work with:

  • a letter from her boss;
  • a letter from a family friend;
  • a letter from the church pastor;
  • a strong letter of apology;
  • a letter from the family psychologist; and
  • completion of the Traffic Offenders Program.

The submissions outlined how hard it would be for her not to drive. She has a one-hour commute to work and young children with mental health issues who rely on her.

The outcome

Joshua pushed for her to keep her licence, and the court agreed. She received a conditional release order for 12 months without conviction, with no disqualification.

Joshua notes that this does not always happen, and estimates it happens in perhaps about 20% of matters. In his view, the facts of this case and her strong subjective case were exceptional and different from the average drink driving matter that comes before the court.

What this case shows

A child passenger is an aggravating feature, but the court also weighs the person’s circumstances, their record and what they have done since. Here, detailed material from people who knew the family helped show why this offence was out of character. 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.
  • 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 Katoomba Local Court, no-conviction outcomes for drink driving in NSW and NSW drink driving penalties. Its NSW DUI site covers drink driving matters across regional NSW.

On this site, see another Katoomba case on how matters get dismissed and a Tamworth mid range case that ended with a CRO, 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 Katoomba 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 was the outcome at Katoomba?

A conditional release order for 12 months without conviction, and no disqualification. She kept her licence.

Why did the child passenger matter?

Joshua says having her 11-year-old son in the car slightly aggravated the matter, even though she was stopped at a random breath test rather than for her driving.

How often does a mid range charge end without a conviction?

Joshua notes it does not always happen and puts it at about a 20% chance in his experience. He says the facts and her strong subjective case were exceptional here.

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

Hey it's Josh Boorman here from Boorman Lawyers just outside Katoomba uh Local Court up in the Blue Mountains it's an absolutely freezing and windy day here in uh 26th of June uh 2023 but I've uh just gone inside to a warm and receptive matter today where we got a really good outcome for our client uh basically our client had been charged with a middle range drink driving offence, 0.099 the aggravating thing about this matter was that she unfortunately did have her 11 year old son in the car as a passenger

So that's slightly aggravated the matter but she was pulled over for the purpose of a random breath test not due to her manner of driving my client's a high school teacher she's got three young kids all with varying degrees of mental health issues so um she does have a rather tough and tumultuous life going on in the lead up to her incident she had had extremely stressful week her youngest daughter had been placed on new medication that had not gone as planned the night before the incident she had gone to her

Her husband were [unclear: 'air being'; likely renting out] their home out for the weekend to get some extra funds um and uh the cleaner at the last minute had cancelled so they spent all night cleaning the house the next day client was taking her children to and from their sporting activities um and um the night prior they had stayed on a property um camping with some friends she returned back to the campsite to pack up and uh for between about 4 P.M till 6 30 p.m she had three glasses of [unclear: 'shams' in the captions] while she was packing up she left it an hour

A half before getting into the car to go home and it was pulled over for the random breath test she was actually placed in the back of a paddy wagon which is quite unusual for a uh a person charged with DUI especially a mother and someone who was well pretty compliant with police with no criminal background I thought this was quite an excessive step for the police but it was certainly harrowing experience for my client to have to be placed into the back of a paddy wagon

Uh with her son with her who was um quite emotional at the time as well um so we um presented the matter today before the court our client got some great material uh a letter from her boss um a family friend a letter from the church pastor um a good strong letter of apology and she did the Traffic Offenders Program and also a letter from the family psychologist so there was a lot of material to play with we obviously presented the matter to the court to outline the difficulties of not being able to drive she has a one-hour commute to work from where she lives to where she works she needs to drive

And young children with [unclear] mental health issues getting into it [unclear] we really did push for her to be able to keep her licence today and we were successful in a way we have: no conviction. She was given a conditional release order for 12 months, but she will not receive conviction no disqualification does not always happen but it's usually about a 20% chance of it happening but all the uh facts and circumstances of this matter certainly clients

Strong subjective case was exceptional and different to the average drink driving matter that usually appear before the court so thanks for tuning in here today at cold old Katoomba Local Court up in the Blue Mountains.

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.