High Range PCA

• A police suspension can be appealed, but this is the most difficult form of suspension to succeed at because exceptional circumstances are required.
  • Exceptional circumstances are more than just needing your car for work or family reasons. It may be one significant factor or an accumulation of factors. (EG. A good driving history, your manner of driving at the time, whether passengers were present etc)
  • NB: A successful appeal permits driving up until the matter is finalised at court.
  • A conviction will result in a disqualification period following a successful appeal. However, if you have served a period of suspension, the court can consider that when setting a disqualification period if convicted.
  • An appeal must be lodged within 28 days of receiving the notice of suspension.

• The following defences may be available:
  • Honest and Reasonable Mistake of Fact.
    • Eg. The morning after offence.
  • Breach of procedural Fairness based on:
    • The 2-hour rule
      • Very useful if you are apprehended as the result of a collision.
    • The home safe rule.
    • The roadside first rule.
    • The paperwork rule.
  • Factors affecting an accurate reading of blood alcohol concentration.
  • The Jimenez defence

Proceed to sentence with the assistance of an experienced lawyer who can assist you in achieving the best possible outcome, which may have you back on the road immediately.

• No fine is incurred.
• No loss of points.
• No disqualification period / suspension is lifted.
• No conviction.
  • Approximately 2% receive this outcome because it is considered to be a very serious offence.

• A court may exercise this option when aggravating circumstances accompany a high range drink driving offence.
• Examples of aggravating circumstances include a previous high range offence, a collision, or an extremely high reading.
• An example of a CCO is performing service within the community.

• An automatic disqualification of 3 years.
  • Minimum disqualification of 12 months.
    • A Magistrate holds a discretion to reduce the disqualification to the minimum period.
  • Maximum disqualification – unlimited.
  • A maximum fine of $3,300.
  • 12 months (or more) participation in the interlock program – https://www.rms.nsw.gov.au/roads/safety-rules/demerits-offences/drug-alcohol/interlock-program.html
  • A maximum gaol term of 18 months.
    • Approximately 15% of first-time offenders receive a term of imprisonment.

• An automatic disqualification of 5 years.
  • Minimum disqualification of 2 years.
    • A Magistrate holds a discretion to reduce the disqualification to the minimum period.
  • Maximum disqualification – unlimited.
  • A maximum fine of $5,500.
  • 24 months (or more) participation in the interlock program – https://www.rms.nsw.gov.au/roads/safety-rules/demerits-offences/drug-alcohol/interlock-program.html
  • A maximum gaol term of 2 years.
    • Approximately 55% of repeat offenders receive a term of imprisonment.
    • Sound legal representation can mean the difference between full time custody in gaol or custody served within the community (ie. at home) OR a non-custodial penalty.