Traffic Offence & Drink Driving Lawyers Wollongong
Get Help From Our Wollongong Traffic Offence & Drink Driving Lawyers
Traffic offences are among the most common legal issues brought before courts in New South Wales. These offences range from minor offences like speeding to more severe transgressions such as drink driving or dangerous driving.
The most common penalty for a traffic offence in NSW is a fine, and many offences result in demerit points being added to the offender’s driving record. More serious offences, like drink driving, may lead to an immediate licence suspension, community service orders, or even imprisonment. You can use this NSW Government search tool to find a full list of road-related penalties and offences in NSW.
In NSW, it is an offence to use or attempt to use a motor vehicle while under the influence of alcohol or another drug (DUI) or to drive a vehicle if your blood alcohol level exceeds the prescribed concentration of alcohol (PCA). It is crucial to have an experienced solicitor when facing a drink driving charge, as convictions can remain on your record for up to 10 years and lead to disqualifications ranging from 3 months to 5 years.
A criminal conviction for a drink driving offence can only be avoided if the court is persuaded to impose a non-conviction penalty, such as a
Section 10 dismissal or a
Conditional Release Order without conviction. Contact us today to discuss your options.
*image courtesy of https://www.transport.nsw.gov.au/
Traffic offences and drink driving charges can have long-term consequences. Seeking legal advice as soon as possible gives you the best chance of reducing penalties and keeping your future safe.
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Traffic Offence & Drink Driving FAQs
I have been charged with a PCA, what does this mean?
If you are driving a motor vehicle on a public road, your blood alcohol concentration (BAC) must be below 0.05 grams of alcohol per 100ml of blood. If you exceed this limit, you will be charged with a Prescribed Concentration of Alcohol (PCA) offence.
What are the options for someone who has been charged with a drink driving offence?
A drink driving offence is a criminal offence. You may choose to plead guilty (with or without an explanation) or plead not guilty.
If you:
- Have a clean or reasonable driving record with no prior drink driving offences,
- Have not been charged with a high-range PCA, and
- There are no aggravating factors in your case,
Then you may have a reasonable chance of receiving a conviction without penalty (known as a Section 10 dismissal or conditional release order).
What happens if I have been charged with a novice range PCA for the first time?
A novice range PCA is a blood alcohol reading of 0.01 – 0.019. Where you have been charged with a novice range PCA, you may be disqualified from driving from anywhere between 3 months to 6 months together with a fine of up to $1,100.
What happens if I have been charged with a special range PCA for the first time?
A special range PCA is a blood alcohol reading of 0.02 – 0.049. Where you have been charged with a special range PCA, you may be disqualified from driving from anywhere between 3 months to 6 months together with a fine of up to $1,100.
What happens if I have been charged with a low range PCA for the first time?
A low range PCA is a blood alcohol reading of 0.05 – 0.079. Where you have been charged with a low range PCA, you may be disqualified from driving from anywhere between 3 months to 6 months together with a fine of up to $1,100.
What happens if I have been charged with a mid range PCA for the first time?
A mid range PCA is a blood alcohol reading of 0.08 – 0.149. Where you have been charged with a mid range PCA, you may be disqualified from driving for anywhere between 6 months to 12 months together with a fine of up to $2,200 and imprisonment for 9 months. Given the seriousness of the matter, you need to retain proper legal representation to reduce the likely penalties to achieve the best result in the circumstances.
What happens if I have been charged with a high range PCA for the first time?
If you were found to be driving with over 0.150 grams of alcohol per 100mls of blood you are in the High Range. Where you have been charged with a high range PCA, you may be disqualified from driving for anywhere between 12 months to three (3) years together with a fine of up to $3,300 and imprisonment for 18 months. Given the seriousness of the matter, you need to retain proper legal representation to reduce the likely penalties to achieve the best result in the circumstances.
