Downing Centre Repeat Drink Driving Case Study: Second Mid Range (0.130) on a Suspended Interlock Licence, 7-Month ICO Instead of Jail (NSW)

Just outside, uh Downing Centre Local Court. Appeared on quite a serious matter today. It was a uh mid-range drink drive, 0.130. What made this matter worse, it was a second offence. Uh the first offence occurred only 12 months ago, so in 12 months, um the fellow's been done again for a mid-range PCA. Um he was caught an Uber to a venue where he had no intention of driving. However, throughout the night, he uh met up with some friends. His friend left early with someone else. Um his friend gave my client the uh car keys to his vehicle that was uh located at the venue.

And um my client was uh did the wrong thing. He he succumbed to the having keys in his pocket, and he got into his friend's car to drive home. Now, his friend didn't have an interlock in his car, which he was required to have in any vehicle, which was a mandatory order following on from the first drink drive last year. Um so, he was pulled over for a random breath test. He recorded 0.130. He didn't have an interlock in his car or in his friend's car.

And to make matters worse, his licence was also suspended because he hadn't followed uh previous um orders of the interlock uh program by getting it serviced. His car had broken down previously, and it missed some service. So, once he'd missed the interlock service in the months prior, um they automatically suspended his licence, his interlock licence. So, he didn't have a licence, he didn't have a car that had an interlock in it, and he was mid-range drink drive. So, there was three offences that we had to deal with today.

The magistrate straight-up said, "Why should Why shouldn't I be sending your client to jail today?" And uh without hearing sort of how the events unfolded, um and uh I had to get up and explain um the situation. No intention of driving, but did make a very poor decision. Uh he's addressing his alcohol issues. There have been some very emotional issues going on uh with his family back home in Ireland uh that he has been dealing with, but he is um uh addressing those alcohol issues. The court today, his honor was of the view that the matter had crossed the section 5 threshold, which does mean that he was intent on ordering some term of imprisonment, but he was willing to hand down what they call an intensive corrections order, which is an ICO.

And this is where um the defendant can serve the term of imprisonment um within the community. So, he can still go to work, go about his daily duties, live where he lives, um but he is for a period of 7 months uh on this ICO, which basically means that if he does reoffend during that period, then he's at extremely high risk of serving um the 7 months in jail. So, it is a a serious and very um uh uh intense penalty that he has to abide by not to breach or break the law within 7 months.

So, it's a basically a a warning hanging over his head to um pull himself together, not break the law again, and um and it's a level of specific deterrence for him to obey the law and um over the next 7 months and honestly going forward. So, that was um the uh the serious main penalty that was handed down. He was also given time off the road. Magistrate reduced the um disqualification for the mid-range drink drive down to the minimum period of 6 months. That was backdated to the date when he uh was charged.

He also lost his licence for about 3 months um for the suspended drive. The fail to have an interlock in the car was a fine only offence, which he got $600 for. So, 6 months disqualification for the mid-range plus 3 months for the suspended drive. They usually do run uh concurrently at the same time. So, um with the backdating order, he should be able to um reapply for a new interlock program uh in uh in [unclear] August He really does need to abide by all the orders to a T and um and do everything correctly and in relation to getting back on the road, getting licensed.

And of course, he's got the intensive corrections order hanging over his head for 7 months. Um which is another thing that will ensure that he cannot put a foot wrong for 7 months he's on that period. He will need to report to the probation office to um follow any of their directions that they um may put in place such as some uh community alcohol rehabilitation or programs that they would suggest. And he is obligated to follow any of their directions. So, a serious matter, but he was very thankful that he was able to walk out of court today and uh maintain his freedom.

Um but he's certainly been warned that any further offending will land him uh in in jail or likely land him in jail in the future. So, um quite relieved, certainly, especially when um the first um comments that came out of the magistrate's mouth were why he shouldn't be sending him to full-time custody today. Um but he the court did take a back backward step and and reduced it down to um uh period of imprisonment ICO served in the community. Uh somewhat relieved client today, but uh does know that he um needs to um pull his weight, and really, um, behave going forward.

No more offending, otherwise he will be seeing the inside of a jail cell. Uh, that's, uh, our matters here today at the Downing Centre in the Sydney CBD.