A line-ball mid range matter
In this Sydney mid range drink driving case study, Joshua Boorman appeared at the Downing Centre Local Court on a mid range drink driving offence. The reading was 0.116, well into the middle range. (The opening figure is unclear in the captions; it is later stated as 0.116.)
Our client was extremely emotional throughout the matter. Joshua notes that lawyers often tell the court an offence was out of character, but here he could say it in the strongest possible terms.
What happened
She describes herself as a complete homebody and rarely socialises, but felt obliged to go to a friend’s hens party. She had four champagnes over five hours and had not eaten all day. She left early and drove home towards Rushcutters Bay, where she was stopped at a random breath test that has operated there for years.
Nothing about the matter was aggravated. It was late at night with limited traffic, she cooperated with police, and she entered an early plea of guilty.
The impact on her job
She worked as a reporter for a news network (Joshua does not say which). Her employer was very unsupportive, threatened to terminate her, particularly if she received a conviction, and wanted to know the details of how she would handle the case.
She felt she had no option but to resign. That left her unemployed and in financial distress.
Sydney mid range drink driving case study: how Joshua Boorman presented the case
- She had been driving for 14 years without so much as a parking or speeding ticket, and had never had any dealings with the authorities.
- She completed the Traffic Offenders Program.
- She provided good character references.
- She wrote a strong letter of apology, which described the extra-curial punishment of losing her job.
The prosecution pressed for a conviction to be recorded. The magistrate said it was a line-ball matter: the reading was well into the middle range, and general deterrence means a message needs to go to the community that people cannot drink drive with a higher reading and avoid a conviction. Joshua submitted there was enough for the magistrate to exercise his discretion on this occasion.
The outcome
The magistrate agreed with the defence, describing it as a one-time opportunity given her excellent character.
- a conditional release order for 2 years, without conviction;
- no fine;
- no further disqualification, so she can get straight back on the road; and
- no alcohol interlock program.
What this case shows
A no-conviction outcome for a mid range reading is unusual, and here the magistrate called it line-ball. A flawless record, the consequences already suffered and strong material tipped the balance. 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).
- 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: For a first mid range PCA offence, Transport for NSW lists a disqualification of 3 to 6 months, followed by an interlock period of 12 months.
- Conditional release orders: The NSW Sentencing Council explains that a conditional release order (CRO) can be made with or without recording a conviction.
Further reading and related videos
Boorman Lawyers has more on appearing at the Downing Centre, no-conviction outcomes for drink driving in NSW and NSW drink driving penalties. Its Sydney site covers drink driving matters across Sydney courts.
On this site, see a Katoomba matter that ended with a CRO without conviction and a Mount Druitt mid range matter, 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 the Downing Centre 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.)
Read the video transcript
Just appeared in uh Downing Centre Local Court this morning on a mid-range drink driving offence blood alcohol reading was [unclear: '.16' in the captions; later stated as 0.116] so the reading was certainly well into the middle range category um client uh was extremely emotional over this entire matter um it really she was beside herself uh it was a sort of case where uh solicitors will often say to the cour that this was out of character for the client
But I really could say this in the most strongest possible terms because this was most very much out of character for my client she has never put a foot wrong in her entire life on the night of the offence she um had gone along to a hens party where she had consumed four Champagnes in a 5-hour period had not consumed any food throughout the entire day um uh left the party early she rarely ever goes there rarely socialised she describes herself as a complete home body
So it was rare that she actually went out on this occasion but she did feel obligated to go to a friend's hens party had those more drinks drove home Rushcutters Bay there was a random breath test which is been happening there for years um pulled her over and 0.116 and she was beside herself nothing aggravated so [unclear] of the vehicle um late at night um and uh Limited traffic on the road uh cooperated with the police early plea of guilty she worked as a uh reporter for uh [employer name removed]
And um uh she worked as a reporter for a reputable um News Network I won't say which one but um yeah she uh found that they were very um unsupportive of the situation that um was in with the uh drink driving offence they uh threatened to terminate her over the matter um especially if she got a conviction and that they wanted to know the ins and outs of how she uh was going to handle the case I think there was a lot of self-preservation from their own interests there which you got to understand
But um um there's absolutely no support in relation to their employee whatsoever so that was very upsetting for her she actually found herself in a situation where she felt she had no other um option but to resign from the job it left her unemployed she's uh in financial distress uh most um important and relevant and um uh pressing to our submissions was the fact that she's been driving for 14 years and never had as much as a parking ticket or a speeding ticket
So she has uh lived a Flawless life never had any interactions with the authori ities and this just really allowed us to submit in the strongest possible terms that this was out of character for her a very unlikely isolated incident it's not going to ever be repeated again she did the Traffic Offenders Program she got some good character references very strong letter of apology uh outlining the extra curial punishment that she has had to go through in uh losing her job
The unsupportive uh environment that she had to go through um prosecution was very much seeking a conviction be recorded uh and the magistrate admitted it was a line ball matter um because the reading at 0.116 was really getting up well into the middle range category and um and general deterrence means that a message needs to be sent to the community that you can't just go out there drink drive with a higher reading and start um coming to court getting uh uh getting off these charges
But we did submit that um there was enough there for the magistrate to use his discretion to not record a conviction on this occasion as he he said it was line ball but he just did fall on the side of agreeing with us he gave our client a conditional release order for 2 years that means there's no conviction no criminal conviction reported uh no fine involved um she can get back on the uh Road straight away no further disqualification
She doesn't have to do the alcohol interlock program so as he said this is a one-time opportunity for her because she has proven herself in the past to um be of excellent character and a good Law Abiding Citizen but uh it is one time only uh level of leniency um but I think given her track record it's extremely unlikely we'll ever see her back before the criminal justice system again thanks tuning in here in the heart of the Sydney CBD at the Downing Centre.
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.
