He is 68 and has been charged with mid-range PCA. He was stopped by police coming home from the club when he blew .09. He has been driving for 50 years with only one other offence on his record when he was caught for DUI when he was 21. I’ve never known him to drink and drive but he has become more dependent on alcohol to ease his pain and depression after my grandmother died three years ago. He plans to plead guilty but we are terrified that with the reading and his previous conviction he might to jail.
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Graeme Morrison of Graeme Morrison Law, Wollongong NSW:
- It’s highly unlikely your grandfather is facing a jail sentence. In fact if he has been driving without being booked since his first and only driving offence nearly 50 years ago the court will treat the matter in a lenient manner.
- Courts view this sort of record very favourably but still they need to be convinced this was out of character and is unlikely to happen again.
- As a guide this offence carries a maximum fine of $2200 with disqualification period of between six and 12 months.