SPECIAL RANGE DRINK DRIVING / SPECIAL RANGE DUI LAWYERS SYDNEY
Special Range drink driving, Special Range DUI & PCA is a drink driving charge that is issued on a person when they deliver a Blood Alcohol Concentration of 0.020 or higher but below 0.050. A Special Range PCA offence is considered very serious since any Blood Alcohol reading over the Special Range threshold is considered to have certain effects on the way the human body can function and in particular operate a motor vehicle. Heavy fines and penalties are reserved for Special Range PCA offenders and certainly a term of imprisonment is a possible outcome for serious offenders.
A person is deemed to have committed the offence of Special Range PCA if their Blood Alcohol Concentration is 0.020 or above but below 0.050.
Penalties for Special Range Drink Driving
If you plead Guilty to a Special Range drink driving offence or if you plead Not Guilty and lose then unless you can obtain a section 10 dismissal you will be convicted by the court and have your licence disqualified.
The Court has discretion whether or not to record a conviction against for your drink driving offence. In making its decision the Court will take into account a number of factors including your traffic history, traffic education, occupation, character, age, family and living situation plus many other objective and subjective issues. After taking into consideration these issues the court MAY decide to provide you with a one off reprieve and not issue you with a conviction. Section 10 of the Crimes (Sentencing Procedure) Act allows a court that finds a person guilty of Special Range PCA the discretion not to impose a conviction against them.
If you receive a conviction by the Court for Special Range PCA then it is mandatory for the Court to disqualify you from driving for a certain period of time. Legislation sets out a minimum period of disqualification should you be found guilty and receive a conviction.In saying this the legislation also sets out a maximum penalty or sentence that it can hand down, however this is usually reserved for repeat offenders or offences involving extreme aggravating circumstances.
In addition to the minimum and maximum penalties there is an automatic period of disqualification which a person can expect to receive unless they have very strong and convincing reasons why the court should not view the matter as a typical Special Range PCA offence. The following penalties and disqualification periods apply for for an offence of Special Range PCA:
Special Range Drink Driving – 1st major traffic offence:
- A maximum fine of $1,100.00
- A maximum disqualification period of 6 months
- A minimum disqualification period of 3 months
- An automatic disqualification period of 6 months
Special Range Drink Driving –2nd or subsequent major offence within 5 years:
- A maximum fine of $2,200.00
- An unlimited maximum disqualification period
- A minimum disqualification period of 6 months
- An automatic disqualification period of 12 months
POSSIBLE DEFENCES FOR SPECIAL RANGE DUI / PCA
Special Range DUI / PCA – 2 Hour Breath Analysis Rule:
It will be up to the police to show and if need be prove in Court that you registered a Blood Alcohol Concentration (BAC) reading between 0.020 and 0.050 at the time you were operating a motor vehicle.
Police procedures involve creating a Breath Analysis Certificate which is generated by the Police breath analysis instrument. Police are obligated to provide you with a copy of this Breath Analysis Certificate.
One possible defence that may arise out of this situation relates to the time period in which Police conduct the breath analysis. Police are obligated by law to conduct the breath analysis or blood sample within 2 hours after the event or time in which a person was operating a motor vehicle.
Any evidence produced before the Court which fails to follow these policing and procedural obligations MAY be found to be inadmissable, subsequently the charge may be dismissed or reduced to a lesser charge.
Special Range DUI / PCA – You were not the driver of the motor vehicle:
It is important that when a person is charged with Special Range PCA the Police have a procedural and legal obligation to prove that the person being charged was in fact the person operating the motor vehicle on a public or road related area. Just because Police may see a person operating a motor vehicle but not on a public (or relevant) road does not give the Police the right to assume that they had been driving in such an area.
Thus, it is up to Police to prove that the person being charged was driving the vehicle was actually occupying the driving seat of the motor vehicle and was operating or attempted to put the vehicle in motion.
Police must also prove that the person being charged was operating or attempting to operate a motor vehicle on a public road or road related area.
If Police cannot prove these elements of the charge then this MAY be cause for having the charge dismissed.
Special Range DUI / PCA – Breath test taken at your home
Police are not allowed to perform breath analysis tests on you once you have entered your usual place of residence. Such a procedure is unlawful and any breath analysis tests performs may be inadmissable before a Court of law which would make it more difficult for Police to prove their case.
Usually if a person is at their place of residence and police can prove that they were operating a motor vehicle then they will, and are allowed to, perform alternate tests including general observations such as:
- alcohol on breath
- glassy eyes
- slurred speech
If Police witness you driving erratically or find alcohol in your vehicle then these observations can also be included as evidence against you.
However, for the purpose of running a defense it is possible to have evidence dismissed should the Police not act lawfully in relation to obtaining a breath or blood sample.
What is Special Range PCA?
Special Range PCA, the law defines a special category driver as 1 of the following:
- A person who is the holder of either a learner licence or provisional licence;
- A person is not the holder of a licence for one of the following reasons:
(i) the person’s driver licence is suspended or has been cancelled, or
(ii) the person has been disqualified from holding or obtaining a driver licence, or
(iii) the person’s application for a driver licence has been refused, or
(iv) the person has never obtained a driver licence, or
The person has no authority to drive that motor vehicle in New South Wales
Special Range DUI Lawyers Sydney
CONTACT US ABOUT SPECIAL RANGE DUI LAWYERS SYDNEY:
Boorman Lawyers NSW & QLD Solicitors
Please contact Josh Boorman today to discuss your matter over the telephone or via email for an initial FREE consultation regarding Special Range Drink Driving, Special Range DUI Lawyers Sydney, Special Range PCA and any other traffic matter.