Traffic Law
October 20, 2022

The following case study is an example of the kind of Drink Driving matters we deal with at Nardi Lawyers.

The Charges

Our client was facing the following charges:

  • Exceed PCA (prescribed concentration of alcohol) within 3 hours of being charge of motor vehicle;
  • Fail to have proper control of vehicle;
  • Careless Driving; and
  • Fail to wear seatbelt

Our client had traffic offence priors.

What the police alleged

Our client was in a very serious single car accident, and had allegedly exceeded the PCA within 3 hours of being in charge of the vehicle.

How Nardi Lawyers helped

Upon receiving the police brief of evidence, our lawyers carefully assessed all the evidence, and noticed a significant issue in the Prosecution’s case.

A blood sample was taken from our client to measure their Blood Alcohol Content, which is not unusual, but it was taken more than three hours after the accident occurred. As the blood sample was not taken within three hours of our client being in charge of a motor vehicle, it was inadmissible and could not be used to support a drink driving charge. There was no clear evidence as to what the reading was at the time of the accident. BAC readings can go up over time of course. 

We raised this significant issue with the Prosecution during negotiations, and successfully had the charge of drink driving withdrawn. Had this charge remained, our client would have had their licence cancelled for a period of 36 months.

The remaining charges were accepted.

As with any plea of guilty, our lawyers spent quality time in conference with the client to ensure that our preparation was spot on, and all the relevant information and personal circumstances were noted.


Our client pleaded guilty to failing to have proper control of a vehicle, careless driving and fail to wear seatbelt.

In Court, we tendered character references and gave submissions on our client’s behalf, which were carefully constructed following our interviews with the client.

Our client was sentenced to a fine and was required to complete a safe driving program.

Our client did not receive a suspension of their driver’s licence. 

This case study is a prime example of why it is paramount that you seek legal advice, as attention to detail could greatly change the outcome of your matter.

If you have been charged with similar offences, we recommend that you call our office today, so we can help you achieve the best outcome possible.

Related Articles

Careless Driving

Drink Driving

Sentences in the Magistrates Court of Victoria


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