High Range PCA

HIGH RANGE PCA | HIGH RANGE DRINK DRIVING

High Range PCA is driving or attempting to drive a vehicle with a Prescribed Alcohol Concentration (PCA) of 0.15 or higher. The offence is contrary to section 110(5) Road Transport Act 2013 which states:

A person must not, while there is present in the person’s breath or blood the high range prescribed concentration of alcohol:

  1. drive a motor vehicle,
  2. occupy the driving seat of a motor vehicle and attempt to put the motor vehicle in motion, or
  3. if the person is the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence) — occupy the seat in a motor vehicle next to a learner driver who is driving the vehicle.

Maximum penalty: Fines of $3,300 and/or imprisonment for 18 months (in the case of a first offence) or $5,500 and/or imprisonment for 2 years (in the case of a second or subsequent offence).

If you are charged with drive with high-range PCA, the Police will arrest you and serve you with:

  • Court attendance notice, and
  • An immediate licence suspension notice.

OPTIONS

  1. Plead not guilty and have the matter heard before the Court, or
  1. Plead guilty and seek leniency from the Court.

When dealing High Range PCA offences, the Courts follow the Guideline judgment.

The Guideline Judgment clarified the factors that the Court should consider when sentencing offenders for high-range PCA offences, and to provide guidance on the appropriate range of sentences.

ORDINARY CASE

An ordinary case of high range PCA offence is where:

  • the offender drove to avoid personal inconvenience or because the offender did not believe that they were sufficiently affected by alcohol,
  • the Police detected the offender by a random breath test,
  • the offender has prior good character,
  • the offender has nil, or a minor, traffic record,
  • the offender’s licence was suspended on detection,
  • the offender pleaded guilty,
  • the offender poses little or no risk of re-offending,
  • the offender would be significantly inconvenienced by the loss of their licence.

In sentencing an ordinary case of high range PCA:

  • a non-conviction order will rarely be appropriate.
  • a conviction cannot be avoided only because the offender has attended, or will attend, a driver’s education or awareness course.
  • the automatic disqualification period will be appropriate unless there is a good reason to reduce the period of disqualification.

A good reason to reduce the period of disqualification may include:

  • the nature of the offender’s employment,
  • the absence of any viable alternative transport to the offender,
  • sickness or infirmity of the offender or another person.

In sentencing an ordinary case of a second or subsequent high range PCA offence:

  • a non-conviction bond will rarely be appropriate.
  • a non-conviction dismissal will very rarely be appropriate.
  • where the prior offence was a high range PCA, any sentence of less severity than a community service order would be inappropriate.

HIGH MORAL CULPABILITY CASE

The moral culpability of a high range PCA offender is increased by:

  • the degree of intoxication above 0.15,
  • erratic or aggressive driving,
  • a collision between the vehicle and any other object,
  • competitive driving or showing off,
  • the length of the journey at which others are exposed to risk,
  • the number of persons actually put at risk by the driving.

In sentencing a case of high range PCA where the moral culpability is high:

  • a non-conviction order or dismissal would very rarely be appropriate.
  • where a number of factors of aggravation are present to a significant degree, a sentence of any less severity than imprisonment of some kind, including a suspended sentence, would generally be inappropriate.

In sentencing a case of high range PCA (second offence) where the moral culpability is high:

  • a sentence of any less severity than imprisonment of some kind would generally be inappropriate.
  • where any number of aggravating factors are present to a significant degree or where the prior offence is a high range PCA offence, a sentence of less severity than full-time imprisonment would generally be inappropriate.

If the Court convicts the offender, then the Court must disqualify the offender’s licence and impose a mandatory interlock device period.

The following disqualification and interlock periods apply:

Offence Minimum disqualification period Maximum disqualification period Minimum interlock period

Interlock devices are electronic breath-testing devices which link to the ignition system of vehicles. Before a person can drive the vehicle, they will have to complete a breath test on the interlock device. If the device detects that the person has alcohol in their system, the vehicle will not start.

The interlock device may also require random breath tests which must be passed during a journey. The interlock device has a camera, which takes a photo of the person providing the breath sample.

For a consultation with a Traffic Lawyer, call AMA Legal on (02) 8610 3764.

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