- PCA & Illicit Substance
- Application to Remove Licence Disqualification
- Camera Detected Offences
- Police Pursuits
- Licence Offences
- Transport NSW (RMS) Licence Appeals
- Police Suspension Appeals
- Other Infringement Notices/Fines
- Traffic Laws
- Drink Driving / PCA
- Drive Recklessly, Furiously or in Manner Dangerous
- Driving Under the Influence
- Driving with Illicit Substance
- Heavy Vehicle Offences
- Negligent Driving
- Speeding & Light Camera Offences
Drink Driving / PCA
Novice Range Drink Driving / PCA
Novice Range Drink Driving / PCA is when the driver of a motor vehicle is caught with a blood alcohol concentration between zero up to 0.019. This category of offence only applies to drivers who do not hold a full licence such as learners and provisional licence categories. Drivers such as these are subject to a blood alcohol limit of zero.
What penalty could I be facing for Novice Range Drink Driving / PCA?
If it is your first major offence in five years and you are convicted the maximum penalty is a fine of $1, 100. Your licence will be disqualified for an automatic period of six months; however, the court may reduce this period of disqualification to three months.
If it is your second major offence or subsequent alcohol related offence within the last five years and you are convicted the maximum penalty is a fine of $2,200. Your licence will be disqualified for an automatic period of twelve months, which the court can reduce to six months. Under the Interlock Program you can have an automatic disqualification of three months, this can be reduced to one month with an interlock period of 12 months.
| Novice Range Drink Driving / PCA | |
| First Major offence within 5 year Period | |
| Maximum Fine | $1,100 |
| Automatic Disqualification | 6 Months |
| Minimum Possible Disqualification | 3 Months |
| Second Major offence within 5 year Period | |
| Maximum Fine | $2,200 |
| Automatic Disqualification under Interlock | 3 Months |
| Minimum Possible Disqualification under Interlock | 1 Month |
| Interlock Period | 12 Months |
Special Range Drink Driving / PCA
Special Range Drink Driving / PCA is when the driver of a motor vehicle is caught with a blood alcohol concentration of 0.02 up to 0.49.
Who is subject to special rage ?
What penalty could I be facing for Special Range Drink Driving / PCA?
If convicted of this offence and it is your first major or drink driving offence in a five year period, the maximum penalty for this offence is a fine of $1,100. Your licence will be disqualified for an automatic period of six months; however, the court may reduce this period of disqualification to three months.
If convicted of this offence and it is your second major or drink driving offence in a five year period, the maximum penalty is a fine of $2,200. Your licence will automatically be disqualified for a period of three months, but this can be reduced by the court to one month. An automatic and mandatory interlock period of twelve months would then apply.
At Catron Simmons Lawyers, we can offer you qualified advice best suited for your situation to ensure the best outcome for your matter.
| Special Range Drink Driving / PCA | |
| First Major offence within 5 year Period | |
| Maximum Fine | $1,100 |
| Automatic Disqualification | 6 Months |
| Minimum Possible Disqualification | 3 Months |
| Second Major offence within 5 year Period | |
| Maximum Fine | $2,200 |
| Automatic Disqualification under Interlock | 3 Months |
| Minimum Possible Disqualification under Interlock | 1 Month |
| Interlock Period | 12 Months |
Low Range Drink Driving / PCA (Penalty Notice)
Low Range Drink Driving / PCA is when the driver of a motor vehicle is caught with a blood alcohol concentration of 0.050 up to 0.79.
Recently, legislation was introduced so that Police could proceed with this offence via penalty notice or ticket.
The amount is currently set at $556 meaning that it will appear on your ticket record but not be a conviction.
You will also be suspended from holding a NSW licence for a period of three months.
You can opt to take both the infringement and licence suspension to court in order to try and reduce the penalty. However, this is not without risk and you should consult some expert legal advice as the court can decide to increase the penalty and/or record a conviction.
Low Range Drink Driving / PCA (Charge)
Low Range Drink Driving / PCA is when the driver of a motor vehicle is caught with a blood alcohol concentration of 0.050 up to 0.79.
If convicted of this offence and it is your first major or drink driving offence in a five year period, the maximum penalty for this offence is a fine of $2,200. Your licence will be disqualified for an automatic period of six months; however, the court may reduce this period of disqualification to three months
If convicted of this offence and it is your second major or drink driving offence in a five year period, the maximum penalty is a fine of $3,300. Your licence will automatically be disqualified for a period of three months, but this can be reduced by the court to one month. An automatic and mandatory interlock period of twelve months would then apply.
At Catron Simmons Lawyers, we can offer you qualified advice best suited for your situation to ensure the best outcome for your matter.
| Low Range Drink Driving / PCA | |
| First Major offence within 5 year Period | |
| Maximum Fine | $2,200 |
| Automatic Disqualification | 6 Months |
| Minimum Possible Disqualification | 3 Months |
| Second Major offence within 5 year Period | |
| Maximum Fine | $3,300 |
| Automatic Disqualification under Interlock | 3 Months |
| Minimum Possible Disqualification under Interlock | 1 Month |
| Interlock Period | 12 Months |
Mid Range Drink Driving / PCA
Mid Range Drink Driving / PCA is when the driver of a motor vehicle is caught with a blood alcohol concentration of 0.080 up to 0.149.
What penalty could I be facing for Mid Range Drink Driving / PCA?
If convicted of this offence and it is your first major or drink driving offence in a five year period, the maximum penalty for this offence is a fine of $2,200 and/or imprisonment of nine months. Your licence will be disqualified under the interlock program for a minimum of three months and a maximum of six period. An automatic and mandatory interlock period of 12 months.
If convicted of this offence and it is your second major or drink driving offence in a five year period, the maximum penalty is a fine of $3,300 and/or imprisonment of twelve months. Your licence will be disqualified under the interlock program for a minimum of six months and a maximum of nine months. A minimum and mandatory interlock period of 24 months would then apply.
At Catron Simmons Lawyers, we can offer you qualified advice best suited for your situation to ensure the best outcome for your matter.
| Mid Range Drink Driving / PCA | |
| First Major offence within 5 year Period | |
| Maximum Fine | $2,200 |
| Maximum Imprisonment | 9 Months |
| Minimum Disqualification under Interlock | 3 Months |
| Maximum Disqualification under Interlock | 6 Months |
| Minimum Interlock Period | 12 Months |
| Second Major offence within 5 year Period | |
| Maximum Fine | $3,300 |
| Maximum Imprisonment | 12 Months |
| Minimum Disqualification under Interlock | 6 Months |
| Maximum Disqualification under Interlock | 9 Month |
| Minimum Interlock Period | 24 Months |
High Range Drink Driving / PCA
High Range Drink Driving / PCA is when the driver of a motor vehicle is caught with a blood alcohol concentration of 0.150 and above.
What penalty could I be facing for High Range Drink Driving / PCA?
If convicted of this offence and it is your first major or drink driving offence in a five year period, the maximum penalty for this offence is a fine of $3,300 and/or imprisonment of 18 months. Your licence will be disqualified under the interlock program for a minimum of six months and a maximum of nine period. An automatic and mandatory interlock period of 24 months then follows this.
If convicted of this offence and it is your second major or drink driving offence in a five year period, the maximum penalty is a fine of $5,500 and/or imprisonment of two years. Your licence will be disqualified under the interlock program for a minimum of nine months and a maximum of 12 months. A minimum and mandatory interlock period of 48 months would then apply.
At Catron Simmons Lawyers, we can offer you qualified advice best suited for your situation to ensure the best outcome for your matter.
| High Range Drink Driving / PCA | |
| First Major offence within 5 year Period | |
| Maximum Fine | $3,300 |
| Maximum Imprisonment | 18 Months |
| Minimum Disqualification under Interlock | 6 Months |
| Maximum Disqualification under Interlock | 9 Months |
| Minimum Interlock Period | 24 Months |
| Second Major offence within 5 year Period | |
| Maximum Fine | $5,500 |
| Maximum Imprisonment | 24 Months |
| Minimum Disqualification under Interlock | 9 Months |
| Maximum Disqualification under Interlock | 12 Month |
| Minimum Interlock Period | 48 Months |
In High Range PCA it is unlikely that you will be able to avoid a conviction in most circumstances. The reason for this is due to the seriousness of the offence and a Guideline Judgement from the NSW Criminal Court of Appeal. This judgement held that section 10 (CCO without conviction) would be rarely utilised.
Refuse Breath Test / Analysis
It is an offence to refuse a Breath test or analysis as long as that direction is lawful.
If you have failed to submit to a breath test and/or analysis you can be charged with the offences above.
There are strict circumstances where these charges can be defended, and you should consult Catron Simmons Lawyers to provide you expert advice in regards to these matters. However, some of the defence may be that you were unable to comply with the request due to:
- Medical reasons
- More than two hours had passed since the driving
- You were at your property at the time the request was made
What is the penalty for refusing breath test and/or breath analysis?
If convicted of this offence and it is your first major or drink driving offence in a five year period, the maximum penalty for this offence is a fine of $3,300 and/or imprisonment of 18 months. Your licence will be disqualified under the interlock program for a minimum of six months and a maximum of nine period. An automatic and mandatory interlock period of 24 months then follows this.
If convicted of this offence and it is your second major or drink driving offence in a five year period, the maximum penalty is a fine of $5,500 and/or imprisonment of two years. Your licence will be disqualified under the interlock program for a minimum of nine months and a maximum of 12 months. A minimum and mandatory interlock period of 48 months would then apply.
At Catron Simmons Lawyers, we can offer you qualified advice best suited for your situation to ensure the best outcome for your matter.
| Refuse Breath Analysis | |
| First Major offence within 5 year Period | |
| Maximum Fine | $3,300 |
| Maximum Imprisonment | 18 Months |
| Minimum Disqualification under Interlock | 6 Months |
| Maximum Disqualification under Interlock | 9 Months |
| Minimum Interlock Period | 24 Months |
| Second Major offence within 5 year Period | |
| Maximum Fine | $5,500 |
| Maximum Imprisonment | 24 Months |
| Minimum Disqualification under Interlock | 9 Months |
| Maximum Disqualification under Interlock | 12 Month |
| Minimum Interlock Period | 48 Months |
Driving Under the Influence (DUI)
Driving under the influence is when the driver of motor vehicle is under the influence of alcohol and/or drugs.
What is the penalty for Driving under the influence (DUI)?
If convicted of this offence and it is your first major or Driving under the influence offence in a five year period, the maximum penalty for this offence is a fine of $3,300 and/or imprisonment of 18 months. The automatic disqualification period is three years, with a Minimum of 12 months. The court may choose to make an interlock order which reduces the amount of disqualification period.
If convicted of this offence and it is your second major or driving under the influence offence in a five year period, the maximum penalty is a fine of $5,500 and/or imprisonment of two years. The automatic disqualification period is five years, with a Minimum of two years. The court may choose to make an interlock order which reduces the amount of disqualification period
At Catron Simmons Lawyers, we can offer you qualified advice best suited for your situation to ensure the best outcome for your matter.
| Driving under the Influence (DUI) | |
| First Major offence within 5 year Period | |
| Maximum Fine | $3,300 |
| Maximum Imprisonment | 18 Months |
| Automatic Disqualification Period | 3 Years |
| Minimum Disqualification Period | 18 Months |
| Second Major offence within 5 year Period | |
| Maximum Fine | $5,500 |
| Maximum Imprisonment | 24 Months |
| Automatic Disqualification Period | 5 Years |
| Minimum Disqualification Period | 2 Years |
Possible Defences to PCA & DUI
There are a number of possible defences to drink Driving and/or DUI, it is important to remember to obtain competent legal advice early in your mater. Catron Simmons lawyers, will be able to assist you in determining whether there are any viable defences and what is best for your individual situation.
Some defences to PCA/DUI are:
– disputing the reading – that is the level of alcohol Police allege was in your blood stream at the time of the offence.
– the test was not conducted lawfully
– that you were not the driver
– not under the influence of any drug and/or alcohol at the time of driving.
My Licence has been suspended, What can I do?
You need to lodge an application to the Local Court, this application must be within 28 days so it is important to get legal advice early.
The test for this appeal is quite high. The applicant must show that there are “exceptional circumstances” as to why you need a licence. Therefore, reasoning such as transport to/from work, school and/or even having your licence as part of your job are not considered exceptional or extraordinary.
See Police Licence Appeals OR RMS / Transport NSW Licence Appeals for more information.
Catron Simmons Lawyers, can assist you in preparing, the application to give you the best chance of returning to driving as soon as possible.
Interlock Program
The interlock program has been in place since early 2015. An interlock is an electronic device or breath testing machine the is linked to the ignition of the vehicle. When attempting to put the vehicle into motion the machine will require a breath sample testing for the presence of alcohol. The vehicle will also require random breath tests whilst driving as well.
If the interlock machine detects ay alcohol the car will shutdown and prevent the person from driving.
The advantage of the interlock program is that it gets you on the road quicker than your disqualification period would otherwise be.
The disadvantage of the interlock program is that you are not permitted to drive a vehicle that doesn’t have the interlock machine fitted to it. This causes problems in cases of employment or where you may operate one or more vehicles.
The cost of the interlock device and maintenance is about $2,000 to install and a further $2,000 to maintain over the course of a year.
Financial assistance in cases of severe financial hardship or concessions may be available from the Roads and Traffic Authority and our specialist in traffic offences at Catron Simmons Lawyers can give you more information.
Although a mandatory program, in certain circumstances such as not having access to a vehicle or a medical condition you can apply to be exempt from the interlock program.
Guideline Judgement
In 2014 the full panel of the NSW Criminal Court of Appeal issued a Guideline Judgement (Guideline Judgment for High Range Drink Driving [20014] NSWCCA 303) specifically looking at High Range Drink Driving / PCA, however, the judgement has relevance for all Drink Driving Offences.
This judgement held that section 10 (CRO without conviction) would be rarely utilised.
The judgement mainly by Justice Howie explains a number of factors that can influence or aggravate a Drink Driving offence.
Some Aggravating Factors are:
- Degree of intoxication
- Nature of driving – i.e. stopped due to poor driving behaviour or random breath test
- Length of journey
- Number of persons put at risk i.e. country town versus city, time of day etc
The court also made a number of observation in possible mitigation or the ‘typical’ High Rang Drink Driver / PCA such as a good traffic record, good character and risk of re-offending.
What is the Traffic Offender Program?
The Traffic Offender Program “TOP” or the Traffic Offender Intervention Program “TOIP” is a road safety course. It is designed to provide drivers with the information and skills necessary to develop positive attitudes to driving and to change driving behaviours.
More information on Traffic Offenders Program including providers.
Helpful Information
What are the alternatives to imprisonment?
You should obtain legal advice before going to court and pleading guilty to any offence. A well presented sentencing will ensure that you receive the best outcome for your situation.
In NSW, a court can impose any of these types of penalties:
Non Conviction Dismissal (s10(1)a)
This is an order of the court that means there is no conviction recorded and no further action/penalties. Essentially as soon as you leave the court the matter is completely finalised.
Conviction Only s10A
This is an order from the court that means you are convicted of the offence but there is no further penalty and the matter is completely finalised once you leave the court room.
Community Release Order (CRO)
A CRO is the less serious of the bonds; they come in two forms conviction CRO and non-conviction CRO. These bonds can be supervised by Community Corrections or not, it is a matter for the court. That being said the court can order supervision and Community Corrections can discontinue supervision if they deem appropriate. A standard condition of all orders is that an offender must not commit any offence and that the offender must appear in court if called upon to do so. Additional conditions can also be imposed like any other bond that can include but not limited to alcohol/drug restrictions and/or rehabilitation, curfew, community service orders, non-association and/or place restriction orders.
Fine
A Court can order a fine as the whole or part of a penalty, meaning the court can order a bond in conjunction with a fine. A fine is a conviction. The maximum fine available for each offence varies and is usually articulated as part of the offence as a penalty unit. Generally speaking, after the court has sentenced you and given you a fine you have 28 days to pay, however, the court registry can increase this time to pay the fine and arrange payment plans. Failure to pay the fine will result in an enforcement order, this can have consequences such as suspension of your drivers licence and/or registration. Following this further orders such as a civil enforcement order, community service and/or goal may be utilised instead.
Community Corrections Order (CCO)
A CCO is the more serious of the bonds and are used when the offence is to serious to be dealt with by way of a fine or CRO. The CCO cannot exceed three years. This bond can be supervised or unsupervised by Community Corrections. A standard condition of all orders is that an offender must not commit any offence and that the offender must appear in court if called upon to do so. The court can add additional orders including but not limited to alcohol/drug restrictions and/or rehabilitation, curfew, community service orders, non-association and/or place restriction orders.
Intensive Correction Order (ICO)
An ICO is a type of imprisonment or custodial sentence yo to two courts that the court decides can be served in the community. The ICO is the most serious of court orders that an offender can serve in the community and are not available for a number of offences involving Violence, breaches of public safety and child related matters. The court can add conditions to an ICO such as home detention, electronic monitoring, curfews, community service work, alcohol/drug restrictions, place restrictions, association orders and/or whatever the court see fits. An ICO is monitored and supervised by Probation and Parole NSW and any breaches of the order are referred to the NSW State ParolAuthority (SPA) and not the courts. Often the offender is required to then serve the remainder of their sentence in custody as a result of a serious breach.
What are my options? What is a conviction?
A conviction means that the court has found you guilty and has deicide to record the offence in a ‘formal’ declaration.
It is possible to have a matter ‘proven, but no conviction recorded’ if the court sees fit. This is commonly referred to as a s10 (although it is now a Community Release Order without conviction or s10(1)a)).
If convicted of any offence, this is recorded on your criminal record. This existence of a criminal record may affect future employment, travel especially to places like the United States.
If you believe you are not guilty of an offence it is important to get legal advice early as there are discounts offered by the court for early pleas in sentencing.
What is written notice of pleading? Should I complete it?
A Written Notice of Pleading is a a document that is given to you by Police when charged or alternatively a letter or document sent to the court outlining your wish to plead guilty to the charges enforce the court.
Although this can be an attractive option and the forms seem fairly straightforward and it means that that you would not have to attend court this is actually a bad idea. A written notice stops the court understanding more about you as a person, your income, responsibilities and factors that could mitigate the punishment on sentence.
On a written plea of guilty the magistrate only has the Police Fact Sheet and Criminal Record as information, and often the penalty imposed would be greater, as the Court is not aware of the above factors. It is important to understand and agree with the contents of any fact sheet before they are tendered as this is what the court will base all their decisions on.
At Catron Simmons Lawyers, we can put forward the best case in your defence to often a fairer and more just outcome.