On 19 November 2025, ED Legal's Principal Solicitor, Ali El-Darwich, appeared before Bankstown Local Court representing a client charged with mid-range drink driving, contrary to section 110(4)(a) of the Road Transport Act 2013 (NSW).
According to the Police Facts, our client was driving a motor vehicle with a blood alcohol concentration (BAC) of 0.099, placing the reading within the mid-range category.
Our client came to police attention following a motor vehicle collision involving another road user, who subsequently contacted police.
During the proceedings, our Principal Solicitor strongly advocated on behalf of our client, advancing submissions directed towards persuading the Court to exercise leniency and deal with the matter without recording a criminal conviction.
In particular, we emphasised several mitigating factors, including our client's prior good traffic record, the circumstances surrounding his decision to drive, and the relatively short distance travelled.
We also drew the Court's attention to the significant consequences that recording a criminal conviction could have on our client, submitting that those consequences warranted careful consideration when determining the appropriate sentencing outcome.
Our submissions further addressed our client's prospects of rehabilitation and the factors supporting a finding that he was unlikely to commit a similar offence in the future.
Collectively, these matters formed the basis of our application for the Court to exercise its discretion to deal with the offence without proceeding to conviction.
Following consideration of the circumstances and submissions advanced on our client's behalf, the Court was persuaded to exercise leniency.
Despite the seriousness of the offence and the circumstances in which our client came to police attention, the Court imposed a Conditional Release Order without recording a conviction, pursuant to section 9(1)(b) of the Crimes (Sentencing Procedure) Act 1999 (NSW).
This was a favourable outcome for our client, who avoided having a criminal conviction recorded for the offence.
The result highlights the importance of carefully prepared sentencing submissions, particularly where relevant mitigating circumstances and the consequences of a conviction warrant consideration.
Drink driving offences can carry significant consequences, including criminal convictions, fines, licence disqualification and alcohol interlock requirements.
At ED Legal, we represent clients charged with low-range, mid-range and high-range drink driving offences throughout New South Wales.
If you have been charged with drink driving, contact ED Legal to discuss your circumstances and obtain advice about your legal options.
Each case is determined on its individual facts and circumstances. Previous results do not guarantee a similar outcome.
