Driving Offences


Driving Offences - PCA and Speeding Offences

What are the penalties for a drink driving offence in New South Wales?

From 1 July 2013, the Road Transport Act 2013 will replace four Acts:

Road Transport (Vehicle Registration) Act 1997
Road Transport (Driver Licensing) Act 1998
Road Transport (Safety and Traffic Management) Act 1999
Road Transport (General) Act 2005

SECTION 108 Prescribed concentrations of alcohol (cf STM Act, s 8A)

They can include a fine, licence disqualification and imprisonment.

The penalties increase if you have been convicted of a previous major offence within the past five years.

A major offence, affecting the penalty for your drink driving offence includes the following offences

(uncommon offences not included): * Driving under the influence of alcohol (DUI)

* Novice range PCA - drink driving --> (0.00-0.02)
* Special range PCA - drink driving --> (0.02-0.05)
* Low range PCA - drink driving --> PCA (0.05-0.079)
* Mid range PCA - drink driving --> PCA (0.08-0.149)
* High range PCA - drink driving --> PCA (=>0.15)
* Refuse breath analysis / fail to provide a sufficient sample of breath
* Drive while suspended /cancelled and disqualified
* Drive in a manner or speed dangerous to the public

PCA - stands for prescribed concentration of alcohol.

The minimum period of disqualification: - This is the minimum period of disqualification that a court can impose for a drink driving, speeding or other offence. This is never the Courts starting point.

The lawyers from Camden Solicitors and Conveyancers have years of experience achieving great outcomes for clients including saving thousands of dollars and keeping them on the road where your license is not disqualified. If a suspension is unavoidable then we have achieved outcomes where suspensions or cancellations have been reduced by years and fines have been dismissed.

Regardless of the seriousness of a drink driving offence, it is open to the court to find you not guilty and not to impose any penalty.

A court has the discretion not to convict a person and in this situation the matter is NOT proven and dismissed accordingly with no conviction recorded and no points lost or fine imposed.

Such a finding may be pursuant to section 10 Crimes (Sentencing Procedure) Act and no disqualification period is imposed.