If you have been charged with a Low Range PCA offence, you should obtain legal advice. The Courts treat this offence very seriously, but the circumstances of the offence are especially relevant to the outcome. Contact us for a free initial consultation.
Low Range Prescribed Concentration of Alcohol (PCA) means a concentration of 0.05 grams or more, but less than 0.08 grams, of alcohol in 210 litres of breath or 100 millilitres of blood.
Section 110 of the Road Transport Act 2013 (NSW) sets out the offence. It states that a person must not, while there is present in the person’s breath or blood the low range prescribed concentration of alcohol, drive a motor vehicle, or occupy the driving seat of a motor vehicle and attempt to put the motor vehicle in motion, or supervise an L-plater.
Recent changes to the Road Transport Legislation now mean that you will no longer be issued with a Court attendance notice. You will be issued with an fine of $561 and a 3 month police suspension.
You will still have the option of having the offence determined by a Court by either ‘court electing’ or filing an appeal against the police suspension (see ‘Appeal’ section).
If Court elected, the maximum penalty is $1,100 in the case of a first offence, or $2,200 in the case of a second or subsequent offence. Disqualification periods also apply. In the case of a first offence, the automatic disqualification period is 6 months and the minimum is 3 months.
In the case of a second offence, the mandatory alcohol interlock program applies. The disqualification period is 1 – 3 months with a minimum interlock period of 12 months. During the interlock period, you can only drive with an interlock device fitted to your car which requires a breath test before the car will start. If you are exempt from the interlock program because you do not have a car or have a certain medical condition, then the automatic disqualification period is 12 months and the minimum is 6 months.
In addition to the prospect of a fine and disqualification period, conviction for this offence can lead to a criminal record.
As such, it is important to obtain legal advice to maximise your chances of a good outcome at Court.
If you are seeking legal advice, contact us for a free initial consultation.