Low Range PCA

• Appeal the police suspension:
  • There must be exceptional circumstances why the court will grant your appeal.
    • 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, your contribution to the community etc.)
  • The appeal must be lodged within 28 days of receiving the notice of suspension.
• Appeal a TFNSW suspension (an easier test to satisfy than appealing a police suspension).
  • The court will determine your:
    • Your need for a licence and the impact a loss will create.
    • Your character (the emphasis is different to a criminal offence character reference).
    • Your driving history.
    • Whether you have completed the Traffic Offender’s Program.
  • The appeal must be lodged within 28 days of receiving the notice of suspension.
  • A court will then decide whether to:
    • Allow the appeal, and lift your suspension.
    • Vary or reduce your suspension.
    • Dismiss the appeal, and confirm the 3 months suspension.
    • Make any other order that the court sees fit.

The offence is recorded on your traffic history only and you receive a 3-month 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.

• An automatic disqualification of 6 months.
• A Magistrate holds a discretion to reduce the disqualification to 3 months.
• A maximum fine of $2,200.

• An automatic disqualification period of 12 months. A magistrate has a discretion to reduce this suspension period to a minimum of 3 months.
• 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 fine of $3,300.