If you have been charged with a Mid 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.
Middle Range Prescribed Concentration of Alcohol (PCA) means a concentration of 0.08 grams or more, but less than 0.149 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 middle 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.
The maximum penalty is $2,200 and/or imprisonment for 9 months in the case of a first offence, or $3,300 and/or 12 months imprisonment 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 12 months and the minimum is 6 months as well the implementation of a mandatory alcohol interlock program applies.
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.
As such, this offence carries the prospect of a custodial sentence 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.