Novice range drink driving or PCA
Novice range drink driving can have a negative consequence on your life. This is why you need an expert traffic lawyer for your case. Our criminal and traffic lawyers know how to get you the most lenient sentence, including having no conviction recorded. We also use defences that can lead to an acquittal.
We know the law and understand your predicament. Our criminal lawyers fight for you because we know how unfair it is when losing your licence means you lose your employment, or do not have enough time to kiss your kid goodbye in the morning or tuck them in before bed in the evening.
What is the offence of novice range PCA?
Novice range drink driving applies to learner and provisional licence holders who drive with a low-level but detectable blood alcohol concentration, between 0.001 and 0.019. If you are convicted of this driving offence, your license will be disqualified.
Where police form the view that this offence has been committed, they may issue a fine and a three-month licence suspension, both of which may be appealed.
If police instead elect to have the matter dealt with by a court, and you plead guilty or are found guilty, an automatic disqualification period of six months applies if you have not been convicted of another primary traffic offence within the previous five years. However, the Magistrate has discretion to reduce this disqualification to a minimum period of three months. A conviction for novice-range PCA also results in a criminal record, and the court can fine you up to $2,200 for a first offence.
There is, however, a way around these penalties. Where a guilty plea results in the court imposing a non-conviction order (section 10), you will not be disqualified or fined, and the offence will not appear as a criminal conviction on your record.
Second or subsequent offence
If it is your second or more major traffic offence within 5 years, the maximum court-imposed penalty is $3300. Additionally, you may receive a 6-month disqualification of your license and may also be subjected to an interlock order.
The court, so long as you haven’t received a section 10 for a traffic offence in the past 5 years, can also make a non-conviction order for a second or subsequent offence.
What will my traffic lawyer do to prepare my case?
To prepare your case to the highest standard and to act on your behalf, evidence supporting submissions on the above factors is usually supplied to your traffic lawyer. They are then tendered to the court. Examples of evidence that may assist in an Appeal include:
- Certificate of completion of the Traffic Offenders Program.
- References from employers, family members and health professionals stating why you need a driver’s licence, e.g. for work, to pick up and drop off children from school, a chronic back condition, etc.
- Employment contracts stating that having a driver’s licence is a condition of employment.
- 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.
Do I need references if pleading guilty to special range drink driving?
We believe references are an essential part of a plea in court. Find out more about how to write a good reference.
Why choose the Australian Criminal Law Group?
Our criminal lawyers are experts at obtaining the best possible outcome for Drink-Driving offences, including no convictions. For these offences, a good lawyer can be the difference between a conviction and no criminal record, losing your licence or keeping it and freedom or jail.
To discuss your drink driving charge, call the Australian Criminal Law Group at our Sydney, Parramatta and Blacktown offices or make a website inquiry today.
Contact us now.