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 ‘Novice range’ drink
driving?
Novice range drink driving is
committed by a person who drives a motor vehicle on a public road with a blood
alcohol concentration above 0.00 and up to 0.019.
In other words, the offence of
‘Novice Range Drink Driving’ will apply to persons who have a ‘special licence’
which includes a learner licence or P1 & P2 (Provisional) licence.
Did you know that this offence
also applies to persons who drive on a public road without a valid driver’s
licence due to their licence being disqualified or due to their licence being
suspended!
If a person commits the offence of
‘Novice Range Drink Driving’ the police can issue a person with any of the
following:
1.
An
on-the-spot infringement notice (Fine); OR
2.
A Court
Attendance Notice
If I receive an on the spot
fine (infringement notice) will I get a Criminal Record for Novice 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 Novice 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
Notice?
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 novice 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
November 2022.
*Please note that this
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platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a
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