Driving with a low-range prescribed concentration of alcohol is where you drive a motor vehicle with a blood alcohol concentration of between 0.049 and 0.080.
As of May 2019, a person who is found guilty of a first offence novice-range, special-range, or low-range drink driving will not be required to go to court. Normally, these offences are 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 any one of the above offences, and the offence is a second or subsequent offence, the person will be required to go to court.
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.
For more information on the limits and minimum/maximum penalties for drink driving, please see our drink driving penalties table.
In short, yes you can.
The Penalty Notice can be appealed on the following grounds:
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.
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.
We understand that being charged with a criminal or traffic offence can be a daunting and traumatic experience. We ensure clients understand the entire process from start to finish, what options are available to them and the best possible recommended course of action.
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