Zhai & Associates recently secured a successful outcome in a Low Range Drink Driving Severity Appeal, where our client had been convicted in the Downing Centre Local Court and faced the ongoing impact of a criminal record.

The offence occurred on New Year’s Eve in Bowral, after our client’s partner had been taken to the police station for drink driving, leaving her stranded late at night in a remote location. The prosecution argued that alternative transport options were not sufficiently explored and that a conviction was necessary to deter similar conduct.


During the appeal, we made detailed submissions addressing the surrounding circumstances and the true nature of the offence. We relied on supporting material, including a letter from the client’s partner, to establish the situational urgency and context behind the decision to drive. We emphasised that our client was being sentenced solely for driving with alcohol in her system, not for any alleged issues with the breath testing process, and highlighted the absence of any aggravating features in her manner of driving.


His Honour ultimately set aside the original conviction and imposed a Conditional Release Order without conviction. In doing so, the Court accepted that the circumstances significantly reduced the objective seriousness of the offence, noting our client’s clean record, the late-night conditions, the short distance travelled, and the element of necessity involved.

This outcome ensured that our client avoided a criminal record entirely and was able to move forward without the long-term consequences of a conviction, demonstrating the value of strategic advocacy and presenting the full context of an alleged offence.