NEW SOUTH WALES

Sutherland Drink Driving Lawyers achieve Section 10 for Low Range PCA

By Joshua Boorman · Published · NSW posts

In shortIn Episode 19 of the Boorman Lawyers Court Reports, we take a look at low range drink driving offence we appeared on at Sutherland Local Court where we achieved a DUI Section 10 Dismissal. It was our client’s first drink driving offence with a blood alcohol reading of 0.079.

  • Sutherland Drink Driving Lawyers appear on Low Range PCA
  • NSW Traffic Offenders Program
  • Need to drive to remain employed

New South Wales law · law checked 21 Oct 2026

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Sutherland Drink Driving Lawyers achieve Section 10 for Low Range PCA
What's on this page

In Episode 19 of the Boorman Lawyers Court Reports, we take a look at low range drink driving offence we appeared on at Sutherland Local Court where we achieved a DUI Section 10 Dismissal.

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Sutherland Drink Driving Lawyers achieve Section 10 for Low Range PCA
Sutherland Drink Driving Lawyers achieve Section 10 for Low Range PCA

DUI Video #TimeStamps

00:12 – Welcome to #BoormanLawyers Sutherland Court Video Update

00:28 – On location at Sutherland Local Court in NSW

00:34 – Appeared on a Low Range PCA offence (0.079)

00:55 – Offence had a low level of objective seriousness

01:02 – Next day type of offence

01:45 – Client completed the SAVE Traffic Offender Program

02:25 – Strong need to maintain a drivers licence for work

03:10 – Facing possible termination of employment if licence disqualified

03:20 – Strong traffic record over long period

03:45 – Character References and Letter of Apology

04:10 – Court exercised discretion under Section 10(1)(b)

04:47 – 2 year Good Behaviour Bond

05:45 – Major lessons learnt from our client

06:25 – Contact Boorman Lawyers 1300 941 900

06:40 – Visit our website

Sutherland Drink Driving Lawyers appear on Low Range PCA

It was our client’s first drink driving offence with a blood alcohol reading of 0.079. So, it was just below the 0.080 threshold which meant that it just slipped into the top end of the low range drink driving category.

Low level of objective seriousness

The offence before the Court had a relatively low level of objective seriousness and that was because it was:

  • In the low range category;
  • It was the next day offence where my client was driving to work the next morning after consuming too many drinks that night before.
  • At the time, he didn’t feel drunk. He didn’t feel intoxicated & there were no physiological indicators there to turn his mind to the fact that he still may have had a presence of alcohol in his system.

Those were the objective features which we presented to the Court which were somewhat less serious than if he had have just come out of a night club and gotten into his car and driven in an erratic manner posing a greater risk to others.

NSW Traffic Offenders Program

The other issues that we presented to the Court were the fact that our client went along and completed a fully approved traffic offender course / program. That’s the Save Traffic Offenders Program. It’s a one-day course which teaches offenders about issues of driver safety on the road surrounding drugs and alcohol and a whole range of other issues about driver safety. So, he completed that successfully and we tendered a workbook and certificate to show the Court that he had completed it to a high degree.

Need to drive to remain employed

Our Sutherland Drink Driving Lawyers were able to submit to the Court that our client had a very strong need to be able to maintain his driver’s license. You see he works as a lift and escalator technical support person. So basically, that means he needs to drive from location to location on a day-to-day basis to perform maintenance and service works on lifts and escalators all around Sydney.

So, without a license, he would simply be unable to fulfill his role. We got a letter from his employer confirming his employment and his role within the company and his strong need for a license. We’re also able to submit to the Court that without his ability to drive, he would face termination from his employment.

Strong prior traffic record

He had a relatively strong traffic record over a period of 30 years. He had some minor traffic infringements over the years, but there was nothing major there. There was no prior drink drives, no suspended or disqualified drives. So, we were able to use that traffic record to show the Court that this particular incident, which was a next day offence, appeared very uncharacteristic of how our client would usually conduct himself on the road.

Personal Character Reference for DUI charge

That being said, we got a couple of other references. We helped our client put a strong letter of apology to the Court. These were all documents that were well received by the Magistrate. We did get a tough Magistrate on the day, a tough but fair Magistrate and he was persuaded that this was a very uncharacteristic incident for our client that occurred and he was willing to deal with our client under the provisions of Section 10(1)(b) Good Behaviour Bond.

Section 10 Dismissal Low Range DUI

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The Magistrate put our client on a 2 year good behaviour bond, so effectively what that means is that he was not criminally convicted.

He doesn’t receive a fine and he doesn’t receive any disqualification of driver’s license. So really, a Section 10 is like the holy grail of pleading guilty to offences in New South Wales because it is the ultimate level of leniency.

But, in saying that the Magistrate did put our client on a 2 year good behaviour bond, so what that means is that he’s got to be of good behaviour for the next 2 years. If he does break the law again within that period, which is unlikely given his prior good record, but if he does break the law within the next 2 years, he can be recalled, brought back before the Court, breached on the good behaviour bond, and re-sentenced on this particular charge today. If that happens he can be fairly confident that the Court would not give him a second Section 10 if that was the case. But as I said, he has a very good traffic record, no criminal history. So that’s very unlikely.

Section 10 No Disqualification Saved His Job

The positive thing was that our client was able to maintain his employment. He is able to maintain a conviction-free record. And he’s gone along and learnt a lot about driver safety. It’s extremely unlikely that he will be caught out in such an incident like this again in the future.

Charged with DUI then call us ASAP

So, this is just another drink driving traffic offence that we have attended at Sutherland Local Court down in the Shire in the south of Sydney.

If you’ve got any sort of traffic matter, major traffic offence, drink driving, drug driving, a unlicensed driving, suspended / disqualified, any sort of serious traffic offence that you’re required to go to Court on, then rest assured that we focused in these sorts of matters.

Please feel free to give me a call on 1300-941-900. I’m happy to have a first an initial discussion with you. Or, alternatively, go along to our website.

We’ve set up this website as a bit of an information hub. There’s a whole hype of information there on traffic laws, penalties and offences. There’s blog posts, case studies, court reports, figures, more videos just like this that you can watch and make yourself familiar with the potential situation that you might be in. And, of course, if you’ve got to go Court, then feel free to contact me to discuss how we can right represent you when you matter comes to court.

**​

Getting advice on low range drink driving in New South Wales

To recap: He is able to maintain a conviction-free record. We appeared on this matter at Sutherland Local Court. The reading recorded was 0.079. The court was given a traffic offenders program certificate, character references, material from an employer and a letter of apology. For a low range drink driving charge in New South Wales, you can call 1300 941 900 before your court date.

Current New South Wales traffic law covers low range drink driving penalties in detail. What happened at Sutherland Local Court is general information, not legal advice for your case. Call 1300 941 900 or make an enquiry about legal representation.

Sutherland Drink Driving Lawyers by Josh Boorman a Drink Driving Lawyer.

Law update since this post (checked 21 Oct 2026)

This post was first published on 11 September 2018. The narrative above is kept as published. These notes record later changes to the law.

  • Since 24 September 2018, NSW good behaviour bonds, community service orders and suspended sentences have been replaced by conditional release orders, community correction orders and intensive correction orders (Crimes (Sentencing Procedure) Act 1999). References to the older orders in this post describe the law when the matter was decided.
  • Since 20 May 2019, NSW police can deal with an eligible first-offence low range drink driving matter by penalty notice with an immediate 3-month licence suspension, instead of a court charge (Road Transport Act 2013).

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FAQs about this post

What was this low range drink driving matter about?

In Episode 19 of the Boorman Lawyers Court Reports, we take a look at low range drink driving offence we appeared on at Sutherland Local Court where we achieved a DUI Section 10 Dismissal. So, it was just below the 0.080 threshold which meant that it just slipped into the top end of the low range drink driving category.

What decided the outcome at Sutherland Local Court?

There was no prior drink drives, no suspended or disqualified drives.

Does the NSW low range drink driving law in this post still apply?

Written 11 September 2018. Laws since then may differ, so check the dated notes here and our current NSW pages.

Sources and date checked

Sources and references for this page, checked 21 Oct 2026.

This page is general information about New South Wales law only. It is not legal advice. Every matter turns on its own facts.

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