Welcome to LAC Drink Driving Lawyers Frequently Asked Questions page. We have put together some questions that we are often asked by potential clients about issues relating to Drink Driving Law.
Q. Recently I was charged with high-range PCA; it is my first offence; I am 20 yo and I only recently obtained my full licence. What can you do for me?
A. Obviously the court is not going to be impressed by the fact that you have been charged with a high range PCA given your age and the circumstances on the night in question. Where you have been charged with a high range PCA you may be disqualified from driving from anywhere between 12 months to three years together with a fine of up to $3,300 and imprisonment for 18 months. Given the seriousness of the matter you need to retain proper legal representation to mitigate the likely penalties to achieve the best result in the circumstances.
Q. I was recently charged with high range PCA and don’t understand how this occurred as I only had two drinks on the particular night and am wondering whether my medication could have influenced the reading?
A. There are certain types of medication which can influence blood alcohol concentrations or readings which are obtained as a result. Unfortunately a certain amount of scientific evidence has to be produced and this is not cheap. Where a driver’s licence is essential for an individual’s ability to maintain their employment or business then of course this should be properly investigated to give you the best possible chance of properly defending the matter.
Q. I have recently been charged with my second drink driving offence within the last five years and am concerned that the loss of my licence will cause me to lose my business. Is there anything you can do for me?
A. Yes. Unfortunately you will lose your licence for a period and there is no such thing as a restricted licence allowing you to drive to and from work or during the course of employment any more. Drink driving offences are treated as serious and although in some contexts Section 10 may be available to the offender it would not be in your case. What you need to do is to mitigate the penalties to receive the minimum with the least disruption to your business.
Q. I am 40 years old and involved in sales and I have recently been charged for the second time with high range PCA. What should I do?
A. The courts do not like drink-driving offences and more so where they are high range PCA. Where this type of offence has been repeated within a period of five years then the penalties are severe involving disqualification, fine and/or imprisonment. In all such cases proper legal advice should be obtained in order to mitigate the sentence and questions of financial hardship associated with losing your licence need to be ventilated with the court to obtain consideration.
Q. Do courts take into account a prior drink driving record and does it have any appreciable effect on the sentence handed down?
A. In NSW a prior drink driving offence within a period of five years has an appreciable effect on the sentence imposed by any court. For a low range PCA for a first offender there is an automatic minimum disqualification period of three months apart from the question of fines or imprisonment. In the case of a second offence committed within a five year period there is an automatic minimum disqualification period of six months apart from the questions of fine and imprisonment once again. The lesson is, if you have been caught once for drink driving don’t get caught again irrespective of whether the courts are only meant to take a prior offence into account within a five year period as they are entitled to consider the whole of your driving record when imposing sentence.
