Drive Disqualified and Exceed PCA Charges – CCO

This is a case study involving Drive Disqualified and Exceed PCA charges resulting in a Community Corrections Order (CCO).

The police charged our client with Driving Whilst Disqualified along with two other drink driving charges. The possibility of imprisonment for this case was strong, considering that the drink driving offences were committed by the client for the 4th time and it was further aggravated by a Drive Disqualified charge. The offending also occurred within 4 months from the last time the client was sentenced for drink driving, and which caused him to be currently disqualified from driving.

We acted on his behalf at the Ballarat Magistrates’ Court. The charges were:

  • Drive Disqualified
  • Exceed PCA 49(1)(b)
  • Exceed PCA 49(1)(f)

It was revealed during our conference with the client that he was suffering from a long term alcohol abuse and social phobia. He was initially resistant to treatment when he conveyed this to us. But with the help of a family member, the client was persuaded to seek treatment. By the time of the plea hearing, the client had already seen his doctor, was medicated, was undergoing counselling with the doctor and a psychiatrist, and was referred to a psychologist. Most of all, his drinking habits have finally improved for the first time in years.

The court was impressed with our client’s progress and saw a great prospect of rehabilitation in him. The magistrate was convinced in our submission that a Community Corrections Order (CCO) was a more suitable sentence than a prison term. Our client was ultimately sentenced to a 12-month CCO and his licence was disqualified for a further 26 months. Considering the circumstances, this was a very good outcome for a case that involves Drive Disqualified and Exceed PCA charges.

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