High Range PCA

High Range PCA, over 0.15 concentration of alcohol is the most serious of this range of offences and is a "Major Offence".

If you appear before a Magistrate in the Local Court and are convicted of this offence, then sentence of the Court will be dependant on whether you have been convicted for any level of a PCA offence in the previous 5 years since you committed the present offence. The maximum penalties are,

• A fine up to $3,300 for a first offence, or up to $5,500 for a second or subsequent offence.
• A maximum goal term of 18 months for a first offence or 2 years for a second or subsequent offence.
• A disqualification of your licence for three years, however a Magistrate has the discretion to reduce this period to a minimum of 12 months. For a second or subsequent offence a disqualification of 5 years, however a Magistrate has the discretion to reduce this period to a minimum of 2 years.

In the absence of the Magistrate making an order while you are at Court, then the maximum disqualification period will be imposed.

Every case that is presented to the Court has its own unique set of facts relating to the offence and each person that comes before the Court has their own story to tell. Retaining a lawyer who practices in this field will place you in a strong position from the outset.

Many client's who attend our Office often tell a story how a neighbour did not have a disqualification period imposed, or reduced to 3 months only or provided a licence for work purposes only. There is no power in a Magistrate to reduce the disqualification period less than what the legislation permits. There is no option to allow a driver a limited licence to go to and from work.

However there are three possibilities that can affect the disqualification period or eliminate it altogether, they are

• By an Order from the Court for what is called "Interlock devices ".
• Having the charge dealt with pursuant to Section 10 of the Crimes (Sentencing Procedures) Act.
• Having the matter dismissed under Section 32 of the Mental Health (Sentencing Procedures) Act.

For further details on these options click to the related link.

OTHER IMPORTANT MATTERS

Magistrates have wide powers provided to them by legislation and they have the power to impose longer terms of disqualifications if they deem it appropriate.

High range PCA is a Major Offence and whether by that offence alone, or because you have previous driving offences it may be appropriate that you attend a Rehabilitation Course before you are sentenced by a Magistrate. This is called the "Drivers Offender's Programme" and is conducted at various locations around Sydney and involves you attending one night a week, completing assignments over an eight week term. When you have completed the programme you then come before the Magistrate and the Magistrate will take into account your rehabilitation to this serious offence before you are sentenced. All clients referred to this programme have all said that they enjoyed the course and have a different view about the seriousness of drink driving. This course is not suitable for everyone and a Lawyer can assess in the first place whether you are suitable for the Course.

Depending on your previous driving record you may be at risk of being classed as a "Habitual Offender" with the result that you will be further disqualified for a further 5 years on top of any other disqualification period. This can be a trap for the unwary in that in some circumstances this is not dealt with at Court. The RTA can make this determination administratively after your attendance before the Magistrate. For further details on how to avoid being classed as a "Habitual Offender " click onto the related link,

Drink Driving Lawyers .com.au

Our offices are conveniently located throughout Sydney, including Blacktown, Bondi Junction, the CBD, Chatswood, Hurstvill & Parramatta.Contact us now to make an appointment at an office near you.

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