Mid-Range PCA
The client is facing a mid-range PCA offence in New South Wales, with a blood alcohol concentration (BAC) of 0.080 recorded in 2024. The incident involved the client driving a vehicle with a full driver's licence, and their driving record has previous infractions. There was one witness present during the incident. The client's driver's licence has never been suspended or cancelled previously. A court date has been set for early 2025.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are the usual penalties or legal outcomes for a mid-range PCA offence in NSW?
For a mid-range PCA offence in NSW, typical penalties include a fine ranging from approximately $500 to $2,000, and a disqualification of your driver's licence for 3 to 6 months, potentially followed by an interlock program. First-time offenders generally face lighter penalties compared to repeat offenders. The court may also impose a good behaviour bond. Although imprisonment is an option, it is less likely for first-time offenders unless there are aggravating circumstances. The exact penalties vary depending on individual circumstances.
Are there factors that could influence whether imprisonment is likely for a mid-range PCA charge?
Several factors can impact the likelihood of imprisonment for a mid-range PCA charge in NSW. Key considerations include the offender's prior driving history, the level of intoxication (in this case, a BAC of 0.080), and whether the offender has previous PCA convictions. Moreover, the presence of a witness and the fact that the client holds a full driver's licence without prior suspensions may positively influence the case.
How does a mid-range PCA conviction affect my driver's licence status and future driving privileges?
A mid-range PCA conviction in NSW will likely result in a suspension of your driver's licence. With a BAC of 0.080, you could face a suspension period of up to six months. Additionally, you may be required to enter the Alcohol Interlock Program once your licence is reinstated, which necessitates the installation of an interlock device in your vehicle.
What are the potential defences available for a mid-range PCA offence?
For a mid-range PCA offence, potential defences in NSW may include challenging the accuracy of the breath analysis test, questioning the legality of the police stop, or proving a factual error in the identification of the driver. Additionally, demonstrating that alcohol consumption occurred after driving could be relevant. Other defences might include demonstrating that the breath test results were affected by a medical condition or medication.
What should I expect during the court proceedings for a mid-range PCA charge?
During the court proceedings for a mid-range PCA charge in NSW, you can expect the magistrate to review the police report and your driving history, including the BAC of 0.080 which is considered serious. The court will review any mitigating factors, such as a previous clean driving record and a full licence. Any witness present may also influence the proceedings.
