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 ‘Special Range’ drink driving?
Special range drink driving is committed by a person who drives a motor vehicle on a public road with a blood alcohol concentration above 0.02 and up to 0.049. This offence applies to driver’s licences such as holders of a Learners licence, P1 or P2 (Provisional Licence). It will also apply to bus drivers as well as taxi drivers who must have a 0.02 limit with operating a vehicle.
If a person commits the offence of ‘Special Range Drink Driving’ the police can issue a person with any of the following:
<![if !supportLists]>1. <![endif]>An on-the-spot infringement notice (Fine); OR
<![if !supportLists]>2. <![endif]>A Court Attendance Notice
If I receive an on the spot fine (infringement notice) will I get a Criminal Record for Special 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 Special 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 Special 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 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.