Criminal Law Services
Traffic Law Services
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, having recorded a breath analysis result of 0.141 grammes of alcohol in 210 litres of breath which is 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 Corrections Order (ICO) — a serious custodial sentence served in the community.
With that background, therealistic sentencing range for this matter carried a genuine risk of afull-time custodial sentence. The challenge for ED Legal was to present the Courtwith a comprehensive and compelling picture of our client's circumstances thatwould justify a non-custodial outcome.
Our Approach
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:
1. Analysing the Criminal Record
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.
2. Addressing the Underlying Circumstances
A central part of oursubmissions was ensuring the court understood the personal and social contextin which the offending had occurred. Ali presented detailed submissions on thesignificant difficulties our client had faced in her life. This allowed thecourt to understand why the offending had continued over time and why it couldproperly 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.
3. Demonstrating Community Suitability
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 Corrections Order.
This included submissions on ourclient's current circumstances, her prospects of rehabilitation, and thespecific ways in which a CCO. with additional conditions and supervision, wouldaddress the risk of reoffending in a way that a short period of imprisonmentwould not.
The Outcome
Following submissions, the Judge imposed an 18-month Community Corrections Order. Full-time imprisonment was avoided.
For a client with five priordrink driving convictions, including a high-range offence for which an ICO hadpreviously been imposed, this was a significant result. The outcome reflectsthe importance of thorough preparation, detailed analysis of the criminalrecord, and carefully crafted mitigation submissions in matters where thefacts, on their face, point toward a harsher outcome.
What This Case Demonstrates
This result is a reminder thateven in matters with a difficult prior record, the quality of legal preparationand advocacy can make a decisive difference. Courts are not simply applying aformula, they are making a judgment about the person before them and the mostappropriate 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 drink driving charges in NSW, contact ED Legal today. Ali El-Darwich offers a free initial consultation and is available 24/7. Call 0416 849 997 or email ali@edlegal.com.au.
