SENIOR NSW POLICE OFFICER CONVICTED OF MID-RANGE DRINK DRIVING
A senior NSW Police Officer has been convicted of the offence of mid-range drink driving after an incident in which he crashed his car in Sydney’s NorthConnex tunnel and dodged a breath test.
The 46-year-old officer was alleged to have had more than 20 standard drinks across a nine-hour period, far exceeding the eight mid-strength beers that he had told his supervisor he consumed.
The Magistrate was not satisfied that the officer had a prescribed content of alcohol that qualified for a high-range drink driving offence, but was “satisfied beyond reasonable doubt that the accused did have present in blood or breath a mid-range level of alcohol”, with an approximate blood alcohol content of 0.137.
The magistrate was provided a set of facts that had been agreed upon between the prosecution and defence. It was these facts that the findings and mid-range drink driving conviction were based on.
The officer’s identity has been suppressed for 40 years and he can only be referred to by the pseudonym AB.
If you have been charged with a drink-driving offence, contact our expert criminal lawyers immediately for a free consultation, so that we may secure the best possible outcome for you.
LAW ENFORCEMENT CONDUCT COMMISSION ISSUE’S SCATHING REPORT INTO AB DRINK-DRIVING MATTER
The Law Enforcement Conduct Commission (LECC) is separate from and completely independent of the NSW Police Force and NSW Crime Commission and its principal functions are to detect, investigate and expose serious misconduct and serious maladministration within the NSW Police Force and the NSW Crime Commission.
It was scathing in its report issued earlier this year into the drink-driving matter involving the officer AB and made two findings of serious misconduct against officer AB. The first was for allegedly deliberately leaving the scene of the crash he caused in order to avoid being breath tested. The second serious misconduct finding against AB was for being deliberately dishonest about his alcohol consumption in an insurance claim following the crash – in which he stated that he had fallen asleep at the wheel.
Concerningly, the LECC report stated that stated that AB was not questioned about his alcohol consumption in the immediate aftermath of the crash, despite officers contemplating that alcohol may have been a contributing factor to the crash. The report found that AB “was treated more leniently in the way in which he was managed by his commander and in the police review of his driving” and that this favourable treatment led to other officers losing confidence in the force’s integrity.
AB is scheduled to be sentenced on 11 February 2025.
WHAT IS MID-RANGE DRINK DRIVING?
Mid-range drink driving is a serious offence which is defined as being found to be driving a vehicle with a blood alcohol content (BAC) of between 0.08 and 0.149.
PENALTIES FOR MID-RANGE DRINK DRIVING OFFENCES
Individuals convicted of mid-range drink and who have not committed a major traffic offence within the last five years, may face a fine of up to $2,200, a license disqualification for a minimum of 3 months, and the possibility of imprisonment for up to 9 months. They will also face an alcohol interlock order.
Subsequent offenders can face fines of up to $3,300, license suspension for up to 3 years, and imprisonment for up to 12 months.
COMMON QUESTIONS
HOW LONG DOES A DRINK DRIVING OFFENCE STAY ON MY RECORD?
Drink driving convictions can remain on your record for up to 10 years.
WHAT DO I DO IF I HAVE BEEN CHARGED WITH A DRINK-DRIVING OFFENCE?
SENIOR NSW POLICE OFFICER CONVICTED OF MID-RANGE DRINK DRIVING
A senior NSW Police Officer has been convicted of the offence of mid-range drink driving after an incident in which he crashed his car in Sydney’s NorthConnex tunnel and dodged a breath test.
The 46-year-old officer was alleged to have had more than 20 standard drinks across a nine-hour period, far exceeding the eight mid-strength beers that he had told his supervisor he consumed.
The Magistrate was not satisfied that the officer had a prescribed content of alcohol that qualified for a high-range drink driving offence, but was “satisfied beyond reasonable doubt that the accused did have present in blood or breath a mid-range level of alcohol”, with an approximate blood alcohol content of 0.137.
The magistrate was provided a set of facts that had been agreed upon between the prosecution and defence. It was these facts that the findings and mid-range drink driving conviction were based on.
The officer’s identity has been suppressed for 40 years and he can only be referred to by the pseudonym AB.
If you have been charged with a drink-driving offence, contact our expert criminal lawyers immediately for a free consultation, so that we may secure the best possible outcome for you.
LAW ENFORCEMENT CONDUCT COMMISSION ISSUE’S SCATHING REPORT INTO AB DRINK-DRIVING MATTER
The Law Enforcement Conduct Commission (LECC) is separate from and completely independent of the NSW Police Force and NSW Crime Commission and its principal functions are to detect, investigate and expose serious misconduct and serious maladministration within the NSW Police Force and the NSW Crime Commission.
It was scathing in its report issued earlier this year into the drink-driving matter involving the officer AB and made two findings of serious misconduct against officer AB. The first was for allegedly deliberately leaving the scene of the crash he caused in order to avoid being breath tested. The second serious misconduct finding against AB was for being deliberately dishonest about his alcohol consumption in an insurance claim following the crash – in which he stated that he had fallen asleep at the wheel.
Concerningly, the LECC report stated that stated that AB was not questioned about his alcohol consumption in the immediate aftermath of the crash, despite officers contemplating that alcohol may have been a contributing factor to the crash. The report found that AB “was treated more leniently in the way in which he was managed by his commander and in the police review of his driving” and that this favourable treatment led to other officers losing confidence in the force’s integrity.
AB is scheduled to be sentenced on 11 February 2025.
WHAT IS MID-RANGE DRINK DRIVING?
Mid-range drink driving is a serious offence which is defined as being found to be driving a vehicle with a blood alcohol content (BAC) of between 0.08 and 0.149.
PENALTIES FOR MID-RANGE DRINK DRIVING OFFENCES
Section 110 of the Road Transport Act 2013 (NSW) prescribes a maximum penalty of 9 months imprisonment and/or a fine of 20 penalty units for a person convicted for the first time of the criminal offence of mid-range drink driving.
A person convicted of the criminal offence of mid-range drink driving for the first time faces a licence disqualification for a minimum of 3 months to a maximum of 6 months, where an alcohol interlock order is made.
In the instance an interlock exemption order is made, the automatic disqualification period is increased to 12 months and the minimum period increased to 6 months.
A conviction of the criminal offence of mid-range drink driving may also result in implications on a convicted person’s professional career, particularly if their profession involves the operation of a vehicle and certain licensing.
WHAT IS HIGH-RANGE DRINK DRIVING?
High-range drink driving is a serious offence which is defined as being found to be driving a vehicle with a BAC of 0.15 or above.
PENALTIES FOR HIGH-RANGE DRINK DRIVING OFFENCES
Section 110 of the Road Transport Act 2013 (NSW) prescribes a maximum penalty of 18 months imprisonment and/or a fine of 30 penalty units for a person convicted for the first time of the criminal offence of high-range drink driving.
A person convicted of the criminal offence of high-range drink driving for the first time faces a licence disqualification for a minimum of 6 months to a maximum of 9 months, where an alcohol interlock order is made.
In the instance an interlock exemption order is made, the automatic disqualification period is increased to 3 years and the minimum period increased to 12 months.
COMMON QUESTIONS
HOW LONG DOES A DRINK DRIVING OFFENCE STAY ON MY RECORD?
Drink driving convictions can remain on your record for up to 10 years.
WHAT DO I DO IF I HAVE BEEN CHARGED WITH A DRINK-DRIVING OFFENCE?
Contact us now so that our expert criminal lawyers can secure you the best possible result.
WHAT WILL OUR LAWYERS DO TO PREPARE YOUR DRINK DRIVING OFFENCE CASE?
To prepare your case to the highest standard and speak on your behalf, we will seek to obtain the following evidence in support of you:
- Certificate of completion of the Traffic Offenders Program
- References
- Medical documentation about any medical conditions you or members of your family have.
- Trip planner documents showing geographic isolation or unavailability of public transport from your residential address to your place of employment.
- A letter of apology or affidavit stating what happened.
Contact us now for a free consultation.
WHAT WILL OUR LAWYERS DO TO PREPARE YOUR DRINK DRIVING OFFENCE CASE?
To prepare your case to the highest standard and speak on your behalf, we will seek to obtain the following evidence in support of you:
- Certificate of completion of the Traffic Offenders Program
- References
- Medical documentation about any medical conditions you or members of your family have.
- Trip planner documents showing geographic isolation or unavailability of public transport from your residential address to your place of employment.
- A letter of apology or affidavit stating what happened.
Contact us now for a free consultation.