Lismore Drink Driving Case Study: P-Plater at 0.146 Crashes Into a Power Pole, 3-Month Minimum (NSW)

Jurisdiction
New South Wales
Court
Lismore Local Court
Charges
Mid range PCA (0.146) on a P1 licence, with a single-vehicle crash; breach of earlier conditional release orders
Outcome
Guilty plea. Conviction recorded. 3-month minimum disqualification (backdated), 12-month mandatory interlock, $300 fine. No action on the breaches.
Filmed
November 2022

Summary

A young P1 driver crashed into a power pole, then flagged down police and confessed, with a reading of 0.146. He was also on CROs for earlier charges. Lismore Local Court imposed the 3-month minimum, a 12-month interlock and a $300 fine, and took no action on the breaches.

Key takeaways

  • The reading was 0.146, near the top of the mid range, on a P1 licence with a zero alcohol limit.
  • He crashed into a power pole, then flagged down police and confessed.
  • He was on 2-year CROs for earlier charges, including resisting arrest and assaulting police.
  • He completed the Traffic Offenders Program and had a mental health care plan with a referral for alcohol counselling.
  • He received the 3-month minimum (backdated), a 12-month interlock and a $300 fine, with no action on the breaches.

A serious matter at Lismore

In this Lismore drink driving case study, Boorman Lawyers appeared at Lismore Local Court on a middle range drink driving matter with a reading of 0.146, at the higher end of the middle range. It involved a single-vehicle accident, and it also breached orders the client had received for other charges earlier that year at the same court.

What happened

The client had been out with friends and drank far too much. He walked back to a friend’s place, but his friends had an argument and he felt uncomfortable and wanted to leave. He got into his car, drove only a few hundred metres around the corner and crashed into a power pole.

He called his mum, who came with his brother to pick him up, and they left the scene. As they were leaving, they saw a police car. He and his brother flagged it down, and our lawyer, Joshua Boorman, says that, probably to his own detriment, he was overly cooperative. Police did not know about the crash. He took them back to the scene, said he was the driver and had been drinking, and a final reading of 0.146 was taken at the police station.

Aggravating features

He was on his P1 licence, which carries a zero alcohol limit, and there was a significant crash. Thankfully no one else was involved or hurt. It was very late at night, with no pedestrians or traffic around, so the risk to others was reduced, but our lawyer says it was still a serious matter.

The earlier charges

Earlier in 2022, he had been before the same court on what Josh describes as anti-social behaviour charges. Of eight charges, four (including resisting arrest and assaulting police) were dealt with by conditional release orders for two years. This new offence breached those orders, so he could be re-sentenced on the old charges.

Our lawyer submitted that no action should be taken on the breaches. The earlier offences were of a different nature, although alcohol was the common element.

Lismore drink driving case study: how Joshua Boorman prepared

Our lawyer says the lenient outcome was probably due to the work the client put into preparing his case:

  • He completed the Traffic Offenders Program.
  • He had a mental health care plan prepared by his doctor, with a referral for alcohol counselling.
  • He provided good letters of support.

He had also suffered financially because his car was written off, and he does not earn a large income.

The outcome

The court reduced his disqualification to the minimum of 3 months, backdated to the day of the offence. He must complete the mandatory 12-month interlock and received a $300 fine, with a conviction recorded. The court took no action on the breaches of the earlier conditional release orders.

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.
  • What happens when a CRO is breached: A conditional release order (CRO) can be made with or without a conviction, for up to 2 years.
  • 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 Lismore Local Court, NSW drink driving penalties and NSW alcohol interlock laws. Its NSW DUI site covers drink driving matters across the Northern Rivers and regional NSW.

On this site, see a Lismore repeat drug driving case and a Liverpool mid range case with a collision, 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 Lismore 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 client receive?

A conviction, the 3-month minimum disqualification backdated to the offence, the mandatory 12-month interlock and a $300 fine. The court took no action on the breaches of his earlier conditional release orders.

Did his P1 licence make a difference?

Yes. Josh says that being on a P1 licence, with a zero alcohol limit, made matters worse for him, along with the significant crash.

What was the risk with the earlier orders?

The new offence breached his 2-year conditional release orders, so the court could have re-sentenced him on the earlier charges. Josh submitted that no action should be taken, and the court agreed.

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.

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

Just appeared here at Lismore Local Court on a uh drink driving matter middle range drink drive, 0.146 it involved a single vehicle accident um so uh it was also a breach of some other serious charges which occurred um earlier this year at this court so it was a serious matter um uh 0.146 so the reading was at the higher end of the middle range category facts of the matter with this our client had been out with friends uh drunk far too much walked back to his friend's place his friends had had an argument he felt uncomfortable felt the need to leave decided to get into his car drive only a few hundred metres around the corner

Crashed into a power pole um he then called his mum his mum and his brother came to pick him up and they left the scene as he was leaving uh they saw a police car and he and his brother jumped out and flagged down the police car and much probably to his detriment he was overly Cooperative with police confessed to being a driver the crash the police didn't know about the crash at the time he took them back to the the incident

Confessed everything said he was the driver said he'd been drinking he was positive breath tested and a final BAC reading of 0.146 was taken back at the Ballina police station um yes obviously to make matters worse for him he was on a zero blood alcohol limit because he was on his P1 licence and there was a pretty significant crash involved thankfully no one else was involved no one got hurt no other vehicles it was very late at night no pedestrians or traffic around

So that meant the risk of someone getting involved was uh reduced but still nevertheless a serious matter before the court today it was also before the court earlier in the year early 2022 on some pretty anti-social behavioural charges in particular there was eight charges [unclear] resist arrest and to assault on police were given conditional release orders for two years which is basically be a good behaviour for two years and if you break the law during that period Then you can be breached

Re-sentenced on those old charges in relation to the old charges they were obviously a different nature of offending compared to a drink drive that one common element was alcohol involved I did submit that no action should be taken on those breaches and that those conditional release orders should continue for the remainder of the period our client got a very lenient outcome today and it's probably due to the presentation of the case and the work that he had put into preparing it he had gone along done the Traffic Offenders Program he'd gone got a mental health care plan done by his doctor

A referral for alcohol counselling he had some good letters showed the court he's obviously suffered financially due to the write-off of his car he doesn't earn a huge amount of money but the court did agreed to reduce his disqualification to the minimum period of three months that was backdated to the day of the offence it's got to do the mandatory 12-month interlock is given a $300 fine conviction recorded and no action taken on the breaches of the good behaviour bonds that were set in place earlier in the year it's a very good outcome here today at Lismore 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.