As we have previously mentioned in
other articles on our website, the laws surrounding Drink Driving in NSW are
ever changing as Drink Driving is one of the biggest causes of fatalities on NSW
roads every single year!
What is ‘Low Range’ drink driving?
‘Low Range’ drink driving is
committed by a person who drives a motor vehicle on a public road with a blood
alcohol concentration above 0.05 and up to 0.079.
If a person commits the offence of
‘Low Range Drink Driving’ the police can issue a person with any of the
on-the-spot infringement notice (Fine); OR
If I receive an on the spot fine
(infringement notice) will I get a Criminal Record for Low Range Range PCA?
The short answer is no. The
offence will however remain on the offender’s traffic history as well as the
infringements record but the offence will not be recorded on the offender’s
criminal record if they receive an infringement notice.
What happens if you receive an
infringement notice for Low Range Drink driving?
If this happens then you will also
receive an immediate suspension notice from the NSW police or a suspension notice
from Transport for NSW informing you that your Driver’s licence will be
suspended for a period of 3 months.
If I receive a Court Attendance
Notice or even if I elect to take the infringement notice to court, will I
receive a criminal record?
If the court deals with the matter
by way of a conviction (if dealt with by way of a conviction, then you will
ultimately receive a period of licence disqualification) then you will have a
criminal record for this offence.
What happens if you elect to
take the infringement notice to court OR if you receive a Court Attendance
If you receive a court attendance
notice or even if you elect to take the infringement notice to court, then you
must attend court. It should be noted that the maximum penalty for Low Range
drink driving is subject to whether this is a first or second offence. If
the court decides to record a conviction, then there will be a subsequent
driver’s licence disqualification order made.
It should also be noted that if
the police issue you with a court attendance notice or even if the police issue
you with an infringement notice, the police still have the powers to issue you
with an on-the-spot notice of suspension for a period of 3 months if you are
found to have committed this offence.
It is very important that you
speak with a lawyer so that you can get the appropriate legal advice which you
require prior to going to court.
Our team of experienced solicitors are there for you and can
help you answer all your questions, so be sure to contact Nicopoulos Sabbagh Lawyers.
*This article correctly
reflects the Laws of NSW as at 21st
*Please note that this
page or any other pages on our website (including any other social media
platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a
substitute for legal advice or even other professional advice. It should also
be noted that accessing of this information from this website does not create a client-lawyer relationship.