Special Range Drink Driving

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Special Range PCA

The offence of Special Range PCA is committed by a special category driver who drives a motor vehicle on a public road with a blood alcohol concentration above .02 and below 0.05.

For special range PCA, the law defines a special category driver as 1 of the following:

a) A person who is the holder of either a learner licence or provisional licence;

b) A person is not the holder of a licence because:

    (i) the persons driver licence is suspended or has been cancelled, or

    (ii) the person has been disqualified from holding or obtaining a driver licence, or

    (iii) the persons application for a driver licence has been refused, or

    (iv) the person has never obtained a driver licence, or

(c) A person who has no authority to drive that motor vehicle in New South Wales

Penalties for Special Range PCA

Regardless of how bad your traffic record is the court has a discretion whether to record a conviction against you for the offence. If the court decides not to record a conviction, you will not be disqualified from driving. Section 10 of the Crimes (Sentencing Procedure) Act allows a court that finds a person guilty of an offence the discretion not to impose a conviction against them. 

If the court decides to convict you for special range PCA the court must disqualify you from driving for the minimum period set by the law. Similarly if a maximum period is set by law the court cannot impose a greater period.

|The automatic period of disqualification is the period of disqualification that you can expect to receive unless you can show the court reasons why your licence should not be disqualified for this period.

The following penalties apply once the court decides to record a conviction against you for special range PCA:

1st Major Traffic Offence

1. A maximum fine of $1,100.00
2. A maximum disqualification period of 6 months
3. A minimum disqualification period of 3 months
4. An automatic disqualification period of 6 months

2nd or subsequent major offence within 5 years

1. A maximum fine of $2,200.00
2. An unlimited maximum disqualification period
3. A minimum disqualification period of 6 months
4. An automatic disqualification period of 12 months

The court cannot impose a gaol sentence or any other alternative gaol sentence for this offence regardless of how bad your traffic record is.

1. A maximum fine of $1,100.00
2. A maximum disqualification period of 6 months
3. A minimum disqualification period of 3 months4. An automatic disqualification period of 6 months1. A maximum fine of $2,200.002. An unlimited maximum disqualification period3. A minimum disqualification period of 6 months
4. An automatic disqualification period of 12 monthsThe court cannot impose a gaol sentence or any other alternative gaol sentence for this offence regardless of how bad your traffic record is.

Likely Penalties

The following statistics on special range PCA have been obtained from the Judicial Commission and were accurate as at September 2003. The statistics show sentencing trends for special range PCA and are to be used as a guide only. It should be noted that the statistics relate to offences dealt with prior to the guideline judgement and may not be a true reflection of how courts currently deal with offenders. However, at this stage there are no other relevant statistic available for special range PCA cases.

Key:

Section 10 Dismissal: Matter is proven but dismissed under section 10 of Crimes (Sentencing Procedure) Act.

Section 10 Good behaviour bond: Matter is proven and dismissed conditionally upon you entering a good behaviour bond.

Suspended sentence: A gaol sentence is imposed by the court, but is suspended upon you entering a good behaviour bond.

CSO: A community Service Order - Unpaid work in the community

Periodic detention: Either weekend or midweek gaol for 2 days per week

Home detention: Gaol sentence served at your home

Possible Defences for Special Range PCA

1. Breath Analysis takes place outside 2 hours

The police must prove that you had a blood alcohol concentration within special range PCA at the time you were driving. Normally, the police are able to prove this by tendering a certificate that is generated from the breath analysing instrument.

The law states that provided breath analysis occurs within 2 hours of the time of driving the reading on the certificate is deemed to be the reading at the time of driving. If the breath analysis does not occur within 2 hours of driving then it is possible that the court may either dismiss the offence or make a finding that your blood alcohol concentration is lower that what is recorded in the certificate.

2.  You were not the driver

The police must also establish that you were the driver of a motor vehicle on a public road. There has been some instances where the police do not actually see the accused driving on a public road, but believe they were driving and subject the accused to breath analysis.

3.  Breath test taken at your home

The police are not able to perform a breath test upon you once you have entered your usual place of abode. If the police do so, they are acting unlawfully and the subsequent breath analysis reading may be excluded leading to the dismissal of the offence.

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