On 15 June 2026, Ali El-Darwich of ED Legal appeared at Toronto Local Court on behalf of a client charged with mid-range drink driving. The client had recorded a breath analysis reading of 0.141 grams of alcohol in 210 litres of breath, well above the mid-range threshold of 0.080.
The case presented significant challenges from the outset. Our client had an extensive prior criminal record, including five previous drink driving convictions spanning a number of years. Most significantly, the most recent conviction was for high-range drink driving, for which she had previously received an Intensive Correction Order (ICO)—a custodial sentence served in the community.
With that background, the realistic sentencing range carried a genuine risk of full-time custody. The challenge for ED Legal was to present the court with a comprehensive and compelling picture of our client's circumstances that would justify a non-custodial outcome.
In preparation for the sentencing hearing, Ali El-Darwich undertook extensive preparation to ensure the court had the fullest possible understanding of our client's situation. That preparation involved three key aspects:
Rather than simply accepting the criminal record at face value, Ali carefully dissected each prior conviction, examining the dates, the circumstances, the gap between offences and the sentences previously imposed. This analysis allowed ED Legal to present the court with a structured and contextualised account of the record, rather than a blunt list of prior offences.
By demonstrating a pattern that the court could understand and assess, ED Legal was able to give the court confidence that our client was not simply a recidivist who had ignored the consequences of prior sentences, but a person whose offending arose from identifiable and addressable circumstances.
A central part of our submissions was ensuring the court understood the personal and social context in which the offending had occurred. Ali presented detailed submissions on the significant difficulties our client had faced in her life. This allowed the court to understand why the offending had continued over time and why it could properly be addressed without full-time custody.
This kind of contextualised mitigation is critical in repeat offending matters. Courts are not simply counting prior convictions; they are assessing whether the person before them can be rehabilitated and whether a community-based order will be complied with. ED Legal presented the court with a clear basis for confidence on both fronts.
Given the prior ICO, the court needed to be satisfied that a further community-based order, rather than full-time imprisonment, was appropriate. ED Legal's submissions were carefully structured to address this directly, providing the court with a cogent basis for concluding that our client's conduct could be properly addressed in the community through the structure and supervision of a Community Correction Order.
This included submissions on our client's current circumstances, her prospects of rehabilitation and the specific ways in which a CCO, with additional conditions and supervision, would address the risk of reoffending in a way that a short period of imprisonment would not.
Following submissions, the court imposed an 18-month Community Correction Order. Full-time imprisonment was avoided.
For a client with five prior drink driving convictions, including a high-range offence for which an ICO had previously been imposed, this was a significant result. The outcome reflects the importance of thorough preparation, detailed analysis of the criminal record and carefully crafted mitigation submissions in matters where the facts, on their face, point towards a harsher outcome.
This result is a reminder that even in matters with a difficult prior record, the quality of legal preparation and advocacy can make a decisive difference. Courts are not simply applying a formula; they are making a judgment about the person before them and the most appropriate way to address their conduct.
At ED Legal, Ali El-Darwich brings the same level of preparation and commitment to every matter, regardless of the complexity of the prior record or the seriousness of the charge.
If you are facing a drink driving charge in NSW, see our Drink Driving service page or contact ED Legal for a free initial consultation.
