Novice Range Drink Driving (NSW)17 January 2024 in Traffic Law
The offense of Novice Range PCA is committed when an individual operates a motor vehicle on a public road with a blood alcohol concentration above 0.00 and up to 0.019. This charge typically applies to individuals with special licenses, such as learner licenses, P1 provisional licenses, P2 provisional licenses, as well as those driving without a valid license, including suspended and disqualified drivers.
What Is The Penalty?
Law enforcement can issue either:
- An infringement notice with a $572 fine, or
- A court attendance notice for the offense.
If an infringement notice is received, an immediate suspension notice from the police or subsequently from Transport for NSW will suspend the license for three months. For a court attendance notice or if the matter goes to court, the maximum penalty depends on whether the person is a first offender (20 penalty units) or a second and subsequent offender (30 penalty units).
If a court records a conviction, a disqualification order must be made. The automatic disqualification period for a first-time offender is 6 months, but the court can reduce it, with the minimum disqualification period being 3 months. Whether an infringement notice or a court attendance notice is issued, law enforcement can also issue an immediate notice of suspension, leading to the instant suspension of the offender’s driver’s license for a period of 3 months.
Do Infringement Notices Go On My Criminal Record?
No. The offense will be documented on the person’s traffic record and/or infringements record but will not be included in their criminal record.
Do I Need To Attend Court If I Receive An Infringement Notice?
The person is not required to attend court unless they choose to make a court election or wish to appeal the immediate notice of suspension or the Transport for NSW notice of suspension. Appeals must be filed at a Local Court Registry, accompanied by a filing fee, relevant legal forms, and associated paperwork.
Will I Get A Criminal Record If I Receive A Court Attendance Notice For A Novice Range PCA Charge?
If the court decides to record a conviction, you will have a criminal record. Drink driving is considered a serious offense, and the typical sentencing involves recording a criminal conviction, imposing a fine, and enforcing a period of license disqualification.
Why BSM Lawyers?
It is important that you receive legal advice. Many drink driving offences are criminal offences which may result in a criminal record and possibly a gaol sentence. At Brander Smith McKnight, we have assisted many hundreds of clients with these charges. Our traffic offences lawyers will provide you with legal advice to ensure that you achieve the best possible outcome. This may include:
- Preparing you for court
- Obtaining character references
- Obtain evidence of hardship of licence disqualification, such as caring for a sick relative or the need for a licence for employment
- Obtaining medical or psychological reports
- Obtaining references from employers
- Completing traffic offender programs
Brander Smith McKnight criminal lawyers will carefully prepare submissions for sentencing, presenting the best possible legal case to achieve the best outcome. Our lawyers will appear in court for you, advocate strongly for you and handle the entire court process.
Call us to arrange a free 20 minute no obligation consultation that includes case evaluation and cost estimate.