SPECIAL RANGE PCA | NOVICE RANGE PCA | TRAFFIC LAWYERS SYDNEY
Novice range PCA & Special range PCA
The offences of drive with novice range PCA & special range commonly apply to the holders of following driver licence types:
- Learner licence drivers,
- Provisional licence driver (P1 and P2), and
- Interlock driver licence drivers.
Novice range prescribed concentration of alcohol means a concentration of more than zero grams, but less than 0.02 grams, of alcohol in 210 litres of breath or 100 millilitres of blood.
Special range prescribed concentration of alcohol means a concentration of 0.02 grams or more, but less than 0.05 grams, of alcohol in 210 litres of breath or 100 millilitres of blood.
First time offenders are usually handed a penalty notice an immediate licence suspension notice for 3 months.
Options
- Elect the penalty notice for determination before a Court and either:
- Plead not guilty and have the matter heard before the Court,
- Plead guilty and seek leniency from the Court by convincing the Court to deal with the matter by way of a non-conviction.
- When the Courts consider dealing with the matter via a non-conviction, the Court look at:
- The person's character, antecedents, age, health and mental condition,
- The trivial nature of the offence,
- The extenuating circumstances in which the offence was committed,
- Any other matter that the court thinks proper to consider.
You also have the option to pay the penalty notice and appeal the immediate licence suspension to the Court.
- When considering immediate licence suspension appeals, the Court is:
- not to vary or set aside the decision unless it is satisfied that there are exceptional circumstances justifying a lifting or variation of the suspension, AND
- not, for the purposes of any such appeal, to take into account the circumstances of the offence with which the person making the application is charged, unless the statutory rules provide to the contrary.
The exceptional circumstances test creates a high threshold and usually the appellant’s need for a driver’s licence for insignificant purposes falls short of reaching such a threshold.
The above should not be treated as legal advice but general information about novice range and special range drink driving in Sydney.
For a free consultation with a Traffic Lawyer in Sydney, call AMA Legal on (02) 8610 3764.
