Special Range Drink Driving

Driving with a Special-range prescribed concentration of alcohol.

Driving with a special-range prescribed concentration of alcohol is where a Learner, P1 or P2 driver drives a motor vehicle with a blood alcohol concentration of between 0.02 and 0.049.

Do I need to go to court if I am charged with these offences?

As of May 2019, a person who is found guilty of a first offence special-range drink driving will not be required to go to court. Normally, this offence is dealt with by an on-the-spot fine of $561 (known as a Penalty Notice) and a licence suspension of 3 months.

However, a person who is charged with the above offence, and the offence is a second or subsequent offence, the person will be required to go to court.

What are the Court Penalties?

The penalties in the Local Court include a fine of up to $3,300 and/or a period of imprisonment of up to 6 months.

Because most of these offences are committed by first offenders, the courts have seen a very sharp decline in people appearing before the Local Court for these offences.

Can I appeal the Penalty Notice of Police to suspend me?

In short, yes you can.

The Penalty Notice can be appealed on the following grounds:

  1. You did not commit the alleged offence and are therefore ‘not guilty’; or
  2. You did commit the offence but would like to seek leniency from the court.

If you are guilty of the offence and wanting to seek leniency from the court, it is crucial that you speak to our experienced traffic lawyers. Our traffic lawyers will assist you in properly preparing your case.

The court has the option of dealing with your case under a section 10(1) of the Crimes (Sentencing Procedure) Act 1999 in which the court imposed a  “conditional release order” (no conviction). This mean that you will not receive a criminal conviction, disqualification or a fine.

Contact us now to arrange for a free first consultation. We are experienced in drink driving cases, and we are here to assist you obtain the best outcome.

Page Author: Saba Rezae - Traffic Lawyer Sydney

Saba Rezae is our Principal Lawyer and founder of Rezae & Co Lawyers who has practised exclusively in criminal and traffic law for several years. His exceptional results and ability to provide legal service at the highest standard saw him head-hunted by the largest specialist criminal law firms in NSW and was quickly promoted to Senior Lawyer before establishing his own practice.

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