Novice Range Drink Driving | Novice Range Drink Driving Near Sydney Nsw

What is novice range PCA?

Novice range PCA is committed when the following category of drivers have a Blood Alcohol Concentration of between 0.00 and up to 0.019:

Learner drivers
P1 drivers
P2 drivers
Unlicensed drivers (suspended, disqualified or cancelled).

What happens when or after I am charged with Novice Range PCA?

Police may issue you with a fine (infringement notice) and an immediate 3-month suspension that applies immediately.
If police do not issue you with an immediate 3-month suspension, TFNSW may issue you with a 3-month suspension that commences on a date to be advised on the suspension notice.
Police may issue you with a Court Attendance Notice, requiring you to attend court on the date specified on the notice. This is a police discretion that is usually only exercised on repeat offenders.
If you are not issued with a Court Attendance Notice, the Infringement Notice provides you with an election to have your matter heard at court.
If you pay your fine and are willing to serve your suspension, court attendance is not necessary.

What are my options?

Appeal

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 the 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.

Pay the Fine

The offence is recorded on your traffic history and you serve a 3-month suspension.

Plead Not Guilty

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.

Plead Guilty

With the assistance of an experienced lawyer, the best possible outcome is to have you back on the road as soon as possible, and with a reduced, or no fine at all.

What penalties or outcomes are available for Novice Range PCA?

s10 Dismissal

No fine is incurred.
No loss of points.
No disqualification period / suspension is lifted.
No conviction.

Conviction (first offence)

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

Conviction (second or subsequent offence within 5 years)

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 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.

*NB: A conviction means that a traffic offence will appear on a criminal and traffic history.