An unlucky collision
In this Hornsby mid range drink driving case study, Joshua Boorman appeared at Hornsby Local Court on what he describes as an unusual and serious matter. His client was charged with a mid range drink driving offence, with a reading of 0.120.
The client had a collision, and of all the vehicles he could have hit, it was a police car. The collision was relatively minor, with small damage to the vehicle, but police breath tested him straight away. He was also charged with failing to give way, which is how he came into contact with the police vehicle. Joshua describes it as not a very good or lucky day for the client.
Preparing for sentence in this Hornsby mid range drink driving case study
The client entered an early guilty plea and completed the Traffic Offenders Program. The material handed up included:
- letters from his parents and his partner;
- his own letter of apology; and
- a letter from his work, explaining that he needs to drive to do his job to a degree.
He works in a motorcycle repair and mechanical shop, where he does a lot of vehicle testing. His boss had not sacked him. By the time of court, he had already been off the road for about 2 months.
A very good record
Joshua says the offence was very out of character. In about 20 years of driving, the client had only two very minor traffic infringements, which Joshua notes is a good record for someone who rides a lot of motorcycles. He thought it highly unlikely that something like this would happen again.
The outcome
Joshua persuaded the magistrate to reduce the penalties. The client received:
- the minimum disqualification of 3 months, backdated to the date of the offence (with about 2 months already served);
- the mandatory 12-month interlock program;
- a $450 fine for the drink driving offence, which Joshua describes as heavily reduced, probably because he also has to cover the cost of the accident damage; and
- a $300 fine for failing to give way.
Joshua says the client was very happy with the outcome.
What this case shows
A collision is an aggravating feature, even a minor one, and here it led straight to a breath test. An early plea, completed program, references and a long clean record still helped the court impose the minimum disqualification and reduced fines. 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.
- 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.
- 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 Hornsby Local Court, NSW drink driving penalties and the NSW Traffic Offenders Program. Its Sydney site covers drink driving matters across Sydney courts.
On this site, see a Liverpool mid range case with a collision and a Burwood high range case with a crash, 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 Hornsby 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.)
