201 Elizabeth Street
Sydney NSW 2000
99 William Street
Melbourne VIC 3000
231 North Quay
Brisbane QLD 4000
1 Farrell Place
Canberra ACT 2601
Contact Armstrong Legal:
Sydney: (02) 9261 4555
The offence of mid range PCA is committed by a person who drives a motor vehicle on a public road with a blood alcohol concentration from 0.08 to 0.149. Following the recording of a criminal conviction the maximum penalty for a first offender is imprisonment for 9 months, a fine of 20 penalty units and automatic licence disqualification for 12 months. The maximum penalty for a repeat offender following the recording of a criminal conviction is imprisonment for 12 months, a fine of 30 penalty units and automatic licence disqualification for three years.
Yes. Drink driving at any level is considered to be a serious offence. The penalties for mid range drink driving are significantly more severe than those for low range drink driving because of the level of alcohol in the offenders system. The starting point for a sentencing court in a mid range drink driving matter will always be the recording of a criminal conviction, together with an automatic licence disqualification of 12 months for a first offender or three years for a repeat offender.
The consequences of having a criminal conviction recorded can be very serious. For example, most employers will conduct a background check on potential employees as part of the standard recruitment process including a police check. A police check would reveal if you have a criminal conviction recorded against your name, and the charge for which it was recorded. This may impact the employer’s decision in whether or not to employ you.
In certain professions a criminal conviction may need to be reported to a regulatory body. For example, a member of the legal profession must report any criminal convictions to the relevant law society who will then make a determination as to whether that legal practitioner should be allowed to continue to practice law.
A criminal conviction may also inhibit future overseas travel. Most countries require visitors to obtain a visa prior to entering the country. As part of the visa process, the applicant will more than likely need to disclose any criminal convictions. Depending on the policy of the particular country for which the visa is being sought, the visa may or may not be granted based on your criminal record.
It is possible to avoid a criminal conviction for a mid range PCA charge in limited circumstances. This is through being afforded the leniency of a section 10 non conviction order.
If you are afforded the leniency of a section 10 non conviction order, this means that your licence will not be disqualified.
It is your choice whether to represent yourself or whether to have a solicitor represent you in Court. In making this choice, it is important to bear in mind that although it is often trivialised in the community, drink driving, particularly in the mid range is taken very seriously by the Court. It can also be very daunting for a person who has no experience with the criminal justice system to find themselves facing this sort of charge. Our solicitors specialise in these matters and will use their experience and expertise to lead you through the process to the best possible outcome.
Call 1300 146 568 for more information.
In NSW, traffic offences are treated seriously. Therefore, it is important to get competent legal advice as early as possible, whether you have received a penalty notice, had your licence suspended or been charged with a serious offence. Our lawyers are highly experienced and understand the difficulties you face without a licence. We can guide you through the process while dealing with the various authorities related to your matter.