Police now have the option of either issuing you a penalty notice with a fine of $561.00 and impose a 3-month immediate licence suspension for any driver who blows a Low Range PCA (Prescribed Concentration of Alcohol) reading.
You can elect to take the matter to the Local Court.
You can:
Plead Not Guilty if you disagree with the reading or have an available legal defence; or
Guilty with an explanation and make an application for a Conditional Release Order (without a Conviction) ‘non-conviction order’, known socially as a ‘Section 10’ which means the offence will be dismissed, no conviction will be recorded, no penalty, and as if the offence had never occurred.
Our Sydney Traffic Lawyers can give you initial advice if you are considering either course and help you develop a Legal Defence or the best Defence Case on Sentence.
What is Low Range Drink Driving?
Low Range Drink Driving occurs when an individual drives on a road in New South Wales and after being tested by a Police Officer in the execution of their duty or during a Random Breath Test (RBT) and returns a blood alcohol concentration level between 0.050 and 0.079. If you take the matter to Court and are convicted, you will be disqualified from driving by the Court.
Alternatively, the Court can impose a Conditional Release Order without conviction ‘non-conviction’ / “Section 10” and you will not be disqualified and a criminal conviction will not be entered.
What are the penalties for Low Range Drink Driving ?
First Offence:
The current Automatic Period of Disqualification is 6 months if you have not been convicted of a Major Traffic Offence (as defined in the Road Transport Act) in the last 5 years at the time of your offending conduct.
A Local Court Magistrate has the power to reduce the disqualification period to a minimum of 3 months.
The Court can also impose a fine, with a maximum amount of $2,200.00.
Second or Subsequent Offence
If you have committed a 2nd or subsequent major traffic offence within 5 years, there are different laws that apply. The penalties for this offence includes:
A 3 month disqualification can be reduced to 1 month; with
A Mandatory Interlock Device installed in your vehicle for a period of 12 months; and/or
A fine up to $3,300.
If you take the matter to Court and are convicted, you will be disqualified from driving by the Court.
Alternatively, the Court can impose a Conditional Release Order without conviction ‘non-conviction’ / “Section 10” and you will not be disqualified and a criminal conviction will not be entered.
What is a Mandatory Interlock Order?
A Mandatory Interlock Order is an order made by the Court which requires a driver to have a device installed which monitors your alcohol consumption and must be blown into before using the vehicle.
Alternatively the Court can make an Exemption Order which does not require the device to be installed in your vehicle in certain circumstances.