Anybody who operates a motor vehicle on a public road while their blood alcohol content is between 0.02 and 0.049 is guilty of the special range PCA offense. Anybody who drives while in violation of the zero alcohol limit could face special range PCA charges.
In general, anyone in possession of a special license, such as a learner’s license, P1 provisional license, or P2 provisional license, will be considered to have committed this violation. It will also be applicable to taxi and bus drivers, who typically have a 0.02 limit in place when running their businesses.
Notices
Police can issue either:
- an infringement notice, which carries a $572 fine; or
- a court attendance notice for the offence.
In addition to the infringement notice, you will get a notice from the police suspending your license immediately or a notification from the RMS suspending it for three months.
The maximum penalty for this offense depends on whether the accused is a first offender (20 penalty units) or a second and subsequent offender (30 penalty units) if you obtain a court attendance notice or want to proceed with the matter in court. A disqualification order must be issued by the court if it registers a conviction at the time of sentence. A first-time offender’s automatic disqualification period is six months. The court may shorten this duration, but not to less than the three-month minimum disqualification time.
Police have the authority to issue an immediate notice of suspension in addition to infringement and court attendance notices. With this quick notice of suspension, the offender’s driver’s license will be immediately and immediately suspended for three months.
If I Receive An Infringement Notice Regarding A Special Range PCA Charge, Will My Record Be Criminal?
No, the offense won’t be on their criminal record; instead, it will just appear on their traffic and/or infractions records.
If I Get A Notice Of Infringement, Do I Have To Go To Court?
Unless they want to appeal the immediate notice of suspension or the RMS notice of suspension, they won’t be forced to appear in court. These appeals must be submitted to a local court registry together with the necessary documentation, pertinent legal forms, and filing fee.
If I get a court attendance notice for a PCA charge that falls inside the special range, would I have a criminal record?
Should the court decide to document a conviction, your criminal history will be documented. Given that drunk driving is regarded as a serious offense, the sentencing court records the conviction, imposes a fine, and suspends the driver’s license for a certain amount of time. If a section 10 non-conviction order is granted, you might be able to avoid having a criminal record.
For advice or representation in any legal matter, please contact Dot Legal.
