Low Range Drink Driving PCA
What is Low Range PCA?
Low Range PCA is categorized by the Law as having an alcohol level between 0.05 and 0.79.
There was a change in the law which came into effect from 20 May 2019. Police now have the power to either:
Issue an Infringement notice for a low range PCA offence; or
Issue a Court Attendance Notice for the offence.
If you receive an infringement notice from the police, you will either be suspended on the spot by the police, or you will receive a letter from RMS at a later date, suspending your driver’s licence.
You have the right to elect to take the matter to Court if you have exceptional circumstances.
Being charged with a Low Range PCA is still regarded as a serious matter, even though it is the lowest range you can be charged with on an unconditional drivers’ licence. If you are convicted by the court, there are penalties including losing your licence. There are important factors that influence the Magistrate who is sentencing you. One of these is whether you have been convicted for any level of a PCA offence in the previous 5 years.
What can happen to me if I am found Guilty of a Low Range PCA – First Offence?
There are a number of penalties the Magistrate hearing your matter may impose on you. These include:
A criminal conviction is recorded.
A fine of up to $2,200.
An automatic disqualification of your licence for a period of 6 months which can be reduced by the Magistrate to a minimum period of 3 months.
What can happen to me if I am found Guilty of a Low Range PCA – Second or Subsequent Offence?
A criminal conviction is recorded.
A fine up to $3,300.
A minimum disqualification of your licence for a period of 1 month and a maximum disqualification period of 3 months.
An Interlock participation order for 12 months.
This is What Drink Driving Solicitors Can Do for You!
Drink Driving Solicitors can advise you on what the likely outcome to your Low Range PCA. We can prepare your matter, attend court with you, and represent your case in the best possible way to the Magistrate so that you may obtain the best potential outcome, including a possible Section 10 Dismissal of your charges or a conditional release order without conviction.
It’s Our Job!
The team at Antwan Drink Driving Solicitors is a team of supportive, knowledgeable and skilled lawyers who specialise in all drink driving matters. They understand the fundamental principles of the applicable laws and how they affect you and your rights. The senior lawyers at Antwan Lawyers have practiced in drink driving matters for a long time and have acquired, over the years, all the expertise required to argue your case and get you the best possible result.
An office near you
We have offices throughout Sydney & New South Wales.
We also attend country NSW clients by appointment.
We care
We understand that you are not a criminal and we will treat you with respect and dignity. We understand your case is unique and so are your needs, and we will ensure that the Court also are made aware of these, when we are representing you.
If the police have issued you with a Court Attendance Notice, yes. Otherwise, you will only have to go to Court if you elect to.
A repeat offender with respect to a driving offence, is a person whom is convicted for a second or subsequent major offence within a period of 5 years from their last offence.
What is a Major Offence?
A major offence, for the purposes of traffic matters, is defined in the Road Transport Act 2013 NSW. Amongst other major offences, a prior major offence includes a previous conviction of:
1. Drink driving offence;
2. Drug driving offence;
3. Refusal or failure to submit to test, analysis or assessment;
4. Refusal or failure to provide samples or preventing sample taking;
5. Wilful introduction or alteration of concentration or amount of alcohol or other drugs;
6. Negligent, furious or reckless driving;
7. Menacing driving;
8. Failing to stop and assist after impact causing injury;
9. Wounding or grievous bodily harm with intent;
10. Reckless grievous bodily harm or wounding;
11. Injuries by furious driving;
12. Predatory driving;
13. Police pursuits; and/or
14. Dangerous driving and/or navigation.
The above list is not exhaustive. For more information about your prior convictions and if there are considered a major offence, ring Antwan Lawyers now for a confidential discussion.
How Will the Court Treat My Prior Serious Office?
It is important to note that if you are a repeat offender, the Court will treat you differently. One example of this is a repeat offender is not entitled to be afforded leniency of a section 10 conviction order if they have previously been afforded a section 10 for a similar matter in the last 5 years. This means that you may have a conviction recorded against you, be subject to a period of disqualification as well as other penalties.
How Can We Help?
We understand that having a prior conviction can be daunting. We can help you with preparing your matter and making submissions to argue for a reduction of any disqualification period or any other punishment that the Court may deem fit in the circumstances. To get assistance, ring us now on 1300 268 926.
Please do not hesitate to “Contact Us“ for immediate professional advice
