The offence of Novice Range drink driving is committed by a driver who is the holder of either a learner licence or provisional licence who drives a motor vehicle on a public road with a blood alcohol concentration above 0.00 and below 0.02.
Penalties
The maximum penalty for a Novice Range drink driving offence, if it is your first major traffic offence within 5 years, is a fine of $1,100.00 and an automatic disqualification period of 6 months. The minimum disqualification period is 3 months unless the matter is dealt with pursuant to section 10 of the Crimes (Sentencing Procedure) Act in which case you will not be disqualified from driving. Click here to find out more about section 10.
The concern for most drivers charged with a Novice Range drink driving offence is that they will lose their licence. Our experienced traffic lawyers have the skills and knowhow to prepare your case in a way that gives you the best chance of keeping your licence.
What if it is my first offence of Novice range drink driving?
If it is your first major traffic offence of Novice drink driving, you have good prospects of achieving a Section 10, that is, the Magistrate may chose not to proceed with conviction, and placing you on a good behavior bond. This means that you will not be disqualified from driving.
For more information on Section 10, and to see case studies where we have successfully represented others, go to:
https://lylawyers.com.au/criminal-law/section-10/
Penalty where the offence is a second or subsequent major offence within 5 years
The maximum penalty for a Novice Range drink driving offence, if it is your second or subsequent major offence within 5 years, is a fine of $2,200.00, and a maximum disqualification of 3 months. Under the interlock program the minimum disqualification period is 1 month unless the matter is dealt with pursuant to Section 10 of the Crimes (Sentencing Procedure) Act in which case you will not be disqualified from driving. Under the new laws a second or subsequent offence within 5 years will also include a minimum of 12 months using an interlock device.
Major traffic offences include:
- A conviction of murder or manslaughter arising out of the use of motor vehicle;
- A conviction for wounding, causing actual bodily harm or inflicting grievous bodily harm arising out of the use of a motor vehicle;
- Predatory driving, Involvement in a police pursuit, and failing to stop after an impact causing grievous bodily harm;
- Driving recklessly, furiously or in a manner or speed dangerous to the public;
- Negligent Driving causing death or grievous bodily harm;
- Menacing Driving;
- Drink Driving, refuse breath analysis or wilfully alter concentration;
- Prevent medical practitioner or nurse from taking blood;
- Drive under influence of alcohol or drug;
- Refuse sample of blood or urine or wilfully introduce or alter amount of drug in blood or urine;
- Failing to stop and assist following impact causing death or injury;
- Failing or refusing to provide oral fluid sample;
- Refusing or failing to submit to the taking of the sample of blood in accordance with the directions of a medical practitioner, registered nurse or prescribed sample taker;
- Refuse or fail to supply sample of urine or blood (fatal accident).
Drink Driving Penalties
