Our 24-year-old client from Kellyville in the Hills District was convicted of mid-range drink driving at Parramatta Local Court and sentenced to a $600 fine, a 3-month licence disqualification, and a 12-month mandatory alcohol interlock order. He contacted Barsha Defence Lawyers at our Norwest office and our team prepared and ran a severity appeal to the Parramatta District Court. The Judge allowed the appeal, set aside the conviction, and imposed a Conditional Release Order without conviction for 12 months. Our client left court with no criminal record, no fine, no licence disqualification, and his licence restored.
Result: Appeal allowed. Conviction set aside. Conditional Release Order without conviction for 12 months. No fine. No licence disqualification. No interlock order. Licence restored.
Key points from this case:
✓ Mid-range PCA reading of 0.085, just 0.005 above the threshold
✓ First offence, no criminal record, clean driving history
✓ Completed TOIP, binge drinking course, and three AA meetings before the first court date
✓ Five character references and documented financial hardship from licence loss
✓ Severity appeal lodged on the same day as sentence
✓ District Court Judge imposed CRO without conviction, removing all penalties
Can you appeal a mid-range drink driving conviction in NSW? Yes. You have 28 days from the date of your Local Court sentence to lodge a severity appeal to the District Court. The District Court rehears the matter and can impose a lighter sentence, including a Conditional Release Order without conviction. If granted, there is no criminal record, no licence disqualification, and no interlock order. This case is a real example of that outcome at the Parramatta District Court.
Contents
- The Charge and the Reading
- What Happened at the Local Court
- What Was at Stake for Our Kellyville Client
- How We Prepared the Appeal
- How a Severity Appeal Is Different from the Local Court
- The Arguments We Made at the District Court
- The Result
- What to Do If You Have Just Been Convicted of Mid-Range Drink Driving
- What Made the Difference in This Case
- Frequently Asked Questions About Drink Driving Severity Appeals
The Charge and the Reading
Our client was charged with drive with middle range PCA, first offence, under section 110(4)(a) of the Road Transport Act 2013. His confirmed breath analysis reading was 0.085. The middle range bracket starts at 0.080 and runs to 0.150. His reading sat just 0.005 above the threshold. Had it been fractionally lower, this would have been a low range charge with very different consequences.
The offence took place at about 12:57am on Windsor Road, Castle Hill, one of the most heavily policed RBT corridors in the Hills District. Our client was the sole occupant of his vehicle when police directed him into a stationary RBT site. He complied with every direction and was cooperative throughout. Police assessed him as only slightly intoxicated, presenting with glazed and bloodshot eyes. He told officers he was disappointed in himself.
Earlier that evening, he had been at dinner with coworkers in the Sydney CBD. He ate a full meal and consumed about three mid-strength beers and two small glasses of wine between 6:30pm and 10:00pm. After dinner, he paid for an Uber from the city to Castle Hill Metro station. He drove only the final short stretch from the station toward his home in Kellyville. He believed enough time had passed for him to be under the limit. He was wrong, but he had made responsible arrangements for the majority of the journey.
Mid-range PCA first offence carries a maximum fine of $2,200, up to 9 months imprisonment, an automatic licence disqualification of 12 months (minimum 6 months), and a mandatory interlock order with a minimum disqualification of 3 months and minimum interlock period of 12 months. For a full breakdown of penalties, see our drink driving penalties guide.
What Happened at the Local Court
Our client pleaded guilty at Parramatta Local Court on 30 April 2026. The magistrate imposed a $600 fine, a 3-month licence disqualification, and a 12-month mandatory interlock order. A conviction was recorded against his name.
The fine and disqualification were already at the statutory minimum. The magistrate recognised this was a low-end offence but still recorded a conviction. That conviction triggered the licence loss, the interlock program, and a criminal record. It brought our client’s working life to a halt and put his employment at direct risk.
What Was at Stake for Our Kellyville Client
For residents of Kellyville, Castle Hill, Rouse Hill, and the surrounding Hills District suburbs, losing a licence is not a minor inconvenience. Bus coverage is patchy outside peak hours, the Metro runs only between Tallawong and the city, and most people drive to work because there is no other practical option. Our client’s situation was a clear example of this.
He worked as a Customer Service Manager for a major hospitality group, travelling between three venues in Castle Hill, Parramatta, and Lynwood near Windsor. His shifts regularly ended after 4:00am. No buses or trains run at that hour anywhere in the Hills District. Three senior people from his employer wrote to the Court independently, and each confirmed the same thing: without a licence, he could not do his job, and his position was at risk.
He also earned between $500 and $900 a week as a drummer, performing at venues across Sydney on weekends and late nights. A drum kit is heavy and bulky. It does not fit on a bus or a bicycle. Since his licence was suspended, every dollar of that income had disappeared.
Beyond paid work, he had been volunteering at a local junior soccer club in the Hills District since he was 14 years old. He sat on the committee and ran the Minis Programme for children aged 5 and 6, looking after more than 20 teams. The club president wrote to the Court and confirmed the programme was already feeling his absence since he lost his licence.
In the first month after the conviction, our client was roughly $1,000 worse off. Lost music income and rideshare costs ate through his savings fast. A single trip home from his Lynwood venue cost $40 each way because nothing else ran after 9:30pm. Shifts in Parramatta cost around $30 each way by rideshare. When rideshares were too expensive, he rode his bicycle along Castle Hill roads with no streetlights and fast-moving traffic at 4:00am.
A mid-range PCA conviction goes beyond a fine and a disqualification. It creates a criminal record that can affect employment in hospitality, professional registrations, Working With Children Checks, security clearances, and international travel. For our client, a conviction would have followed him for years and put his career trajectory at risk.
How We Prepared the Appeal
Our client contacted Barsha Defence Lawyers at our Norwest office. After a free initial consultation, we advised that a severity appeal to the Parramatta District Court gave him the best chance of removing the conviction and getting his licence back. We provided a fixed fee quote for the appeal so he knew the total cost upfront. The appeal was lodged on the same day as the sentence, within the 28-day time limit under section 11 of the Crimes (Appeal and Review) Act 2001.
We guided our client through every step of the preparation. Before his first Local Court appearance, he had already completed the Traffic Offender Intervention Program through Road Sense Australia, finished a binge drinking course through a registered psychology provider, and attended three Alcoholics Anonymous meetings. He had also written a detailed letter of apology to the Court the day after the offence. All of this was done on his own initiative, within two weeks of being charged.
For the District Court hearing, we obtained three fresh documents that had not been before the Local Court. An updated letter from our client set out the financial damage he had suffered in the month since losing his licence, with specific dollar figures for lost income and rideshare costs. A new reference from the Head of Hospitality at his employer confirmed the completion of every course and the three AA meetings. A detailed reference from the President of his soccer club described ten years of volunteer service and the visible gap his absence had left in the children’s programme.
In total, we tendered thirteen documents before the District Court Judge: five character references, two letters from the client, the TOIP court report and final evaluation, and the binge drinking course certificate.
How a Severity Appeal Is Different from the Local Court
Many people assume an appeal is about arguing the magistrate got it wrong. A severity appeal to the District Court works differently. Under section 11 of the Crimes (Appeal and Review) Act 2001, the District Court Judge does not review the magistrate’s decision for errors. The Judge rehears the entire matter from scratch and decides what the right sentence should be on all the evidence before them.
This is what makes a severity appeal so valuable. Fresh evidence can be tendered under section 17 of the Act. That means your drink driving lawyer can build a stronger case than what was available at the original sentencing. New references, updated hardship evidence, proof of rehabilitation completed since the Local Court date, all of this can go before the District Court Judge for the first time.
In our client’s case, the three fresh documents we tendered at the District Court were not available on the day of the Local Court sentence. The updated hardship letter, the Sullivan reference confirming the AA meetings, and the Harrold reference from the soccer club all gave the Judge a fuller picture of who our client was and what the conviction was doing to his life. That additional material made the difference between a conviction and a clean record.
The appeal process explained: For a full overview of how severity appeals work, time limits, and what to expect, see our guide to licence appeals and the NSW Judicial Commission Sentencing Benchbook.
The Arguments We Made at the District Court
We made oral submissions at the Parramatta District Court seeking a Conditional Release Order without conviction under section 9(1)(b) of the Crimes (Sentencing Procedure) Act 1999.
Objective seriousness at the very bottom of the range
The reading of 0.085 is as close to low range as a mid-range charge gets. No one saw our client drive badly on Windsor Road. He was pulled into a stationary RBT at Castle Hill, not stopped because of his driving. No accident happened. No one was hurt. He was alone in the car. He had paid for an Uber from the CBD and only driven the last short stretch from Castle Hill Metro to Kellyville. It was 12:57am on a quiet suburban road with light traffic. On every measure, the offence sat at the floor of its category.
Strong subjective features
Our client was 24 with no criminal record at all. His traffic history was limited to three minor camera-detected infringements. He pleaded guilty at the earliest opportunity. He wrote a letter of apology the day after the offence. He completed the TOIP, the binge drinking course, and three AA meetings, all before his first court appearance. Nobody told him to do these things. He went and did them because he understood what he had done.
Five people wrote references for him: his direct manager, his employer’s Head of People and Purpose, his employer’s Head of Hospitality, the president of his soccer club, and a close friend of nine years. Every one of them confirmed the same thing in different words. This behaviour was completely out of character, and he had responded to the offence with real action and genuine remorse.
Documented need for a licence
Three independent members of the same employer confirmed in writing that our client could not perform his role without a licence. His music career was gone without a vehicle. The children’s sport programme he ran in the Hills District was already being affected. The financial hardship was real and measured: $1,000 worse off in a single month, with the gap widening every week. We submitted that keeping him off the road served no useful purpose for a first offender who had already demonstrated genuine rehabilitation through his actions.
The strongest single factor in this appeal was the quality and specificity of the supporting material. Employers writing on letterhead about exact shift times and transport realities. A club president describing ten years of service and the measurable impact of one person’s absence. Dollar figures for rideshare costs and lost income. Dates and certificates for every course completed. Vague claims of hardship do not move judges. Documented, specific, measurable evidence does.
The Result
The District Court Judge allowed the appeal. The Local Court sentence was set aside. In its place, the Judge imposed a Conditional Release Order without conviction for 12 months.
Our client left the Parramatta District Court with no criminal conviction, no fine, no licence disqualification, and no interlock order. His licence was restored through Transport for NSW. He went back to work across his three venues in Castle Hill, Parramatta, and Lynwood. He picked up his drumsticks again. He returned to the soccer fields on Saturday mornings in the Hills District.
| Penalty | Parramatta Local Court | Parramatta District Court (on appeal) |
|---|---|---|
| Conviction | Conviction recorded | No conviction |
| Fine | $600 | No fine |
| Licence disqualification | 3 months | None |
| Interlock order | 12 months | None |
| Outcome | Criminal record, licence lost | Conditional Release Order, licence restored |
Final result: Appeal allowed. Conviction set aside. Conditional Release Order without conviction for 12 months. No fine. No licence disqualification. No interlock order. Licence restored.
What to Do If You Have Just Been Convicted of Mid-Range Drink Driving
If you have just been sentenced at a Local Court for mid-range drink driving and a conviction has been recorded, you have 28 days from the date of sentence to lodge a severity appeal to the District Court. That deadline is strict. After 28 days you need leave, and after three months the right to appeal is gone entirely.
Call a drink driving lawyer immediately. Do not wait. The sooner the appeal is lodged, the more time there is to gather fresh evidence, obtain new references, and prepare properly for the District Court hearing.
While the appeal is pending, start or continue any rehabilitation steps. Complete a traffic offenders program if you have not already. Attend counselling or AA meetings. Keep a record of the financial hardship you are experiencing from the licence loss, including rideshare receipts, lost income, and any impact on your employment. This evidence can be tendered as fresh material at the District Court and it is often the material that makes the biggest difference.
Barsha Defence Lawyers offers a free initial consultation for severity appeals. We will review your matter, tell you straight whether an appeal has reasonable prospects, and provide a fixed fee quote so you know the cost upfront. Call us on 0474 708 070 or book online.
What Made the Difference in This Case
A non-conviction outcome for mid-range drink driving takes real preparation. The reading alone will not get you there. Here is what set this case apart.
The reading was borderline. At 0.085, our client was as close to low range as a mid-range charge gets. That gave us room to argue the offence sat at the very bottom of the bracket on Windsor Road in Castle Hill.
Rehabilitation started immediately. Our client completed the TOIP, the binge drinking course, and his first AA meetings all within two weeks of being charged. By the time he stood up in the Parramatta District Court, his actions had already said more than any submission could.
The need for a licence was backed by hard evidence. Three employer references on company letterhead with specific shift times and venue locations. A club president’s reference describing the impact on children’s sport. An updated hardship letter with specific dollar figures for rideshare costs from Lynwood, Parramatta, and Castle Hill. This was not a vague claim. It was documented, measurable, and getting worse each week.
Five references painted a consistent picture. People from different parts of our client’s life across the Hills District and Western Sydney all confirmed the same thing independently. That kind of consistency carries real weight with a District Court Judge.
The appeal was prepared as a fresh case, not a rehash. We treated the severity appeal as an opportunity to build the strongest possible case from the ground up with new evidence, not a repeat of what the Local Court had already seen and rejected.
Frequently Asked Questions About Drink Driving Severity Appeals
Can you appeal a mid-range drink driving conviction in NSW?
Yes. Under section 11 of the Crimes (Appeal and Review) Act 2001, you can lodge a severity appeal to the District Court within 28 days of being sentenced at the Local Court. The District Court Judge rehears the matter from scratch and can impose a different sentence, including a Conditional Release Order without conviction. This means no criminal record, no licence disqualification, and no interlock order.
Can you keep your licence for mid-range drink driving?
If the court imposes a Conditional Release Order or section 10 dismissal without recording a conviction, the mandatory licence disqualification and interlock order do not apply. Your licence is restored. This is achievable for mid-range readings at the lower end of the bracket with strong preparation and the right material before the court.
How much does it cost to appeal a drink driving conviction?
Barsha Defence Lawyers offers a free initial consultation for severity appeals. After reviewing your matter, we provide a fixed fee quote so you know the total cost upfront. There are no hourly rates and no surprise bills. The cost depends on the complexity of the appeal and the volume of material that needs to be prepared.
Can I drive while my severity appeal is pending?
For mid-range PCA, the immediate licence suspension imposed by police on the night of the offence remains in place. Filing a severity appeal does not automatically stay the Local Court sentence for drink driving matters under section 63(2A) of the Crimes (Appeal and Review) Act 2001. Your drink driving lawyer can advise on your specific situation.
How a severity appeal is different from the Local Court
A severity appeal to the District Court is a complete rehearing. The Judge does not review the magistrate’s decision for errors. The Judge considers all the evidence fresh, including new material that was not before the Local Court. This gives your drink driving lawyer the opportunity to present a stronger case than what was available at the original sentencing.
How long do I have to lodge a drink driving severity appeal?
You have 28 days from the date of sentence. If you are outside 28 days but within three months, you can apply for leave to appeal. After three months, no appeal can be lodged. Contact a drink driving lawyer immediately after being sentenced.
What is a Parker warning?
A Parker warning is when the District Court Judge indicates they are considering imposing a harsher penalty than the Local Court. If this happens, your lawyer can apply to withdraw the appeal and the original sentence stands. This is one of the reasons experienced legal representation matters for a severity appeal.
If you have been convicted of a drink driving offence at a Local Court in the Hills District, Parramatta, Blacktown, or anywhere in NSW and want to know whether a severity appeal could remove the conviction and get your licence back, call Barsha Defence Lawyers for a free consultation. We offer fixed fees with no surprises.
Book a Free ConsultationAbout the author: Michael Barsha is the Principal Lawyer at Barsha Defence Lawyers, a criminal and traffic law firm based in Norwest in the Hills District. He appears regularly in the Parramatta, Blacktown, Hornsby, and Windsor Local Courts and the Parramatta District Court, defending clients charged with drink driving and other traffic offences. Meet the team.