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The offence of Special Range drink driving is committed by a special category driver who drives a motor vehicle on a public road with a blood alcohol concentration above 0.02 and below 0.05. Special category drivers include:

  1. Learner drivers;
  2. Provisional drivers – i.e. “P” plate drivers;
  3. Drivers whose licence is either suspended, cancelled or disqualified;
  4. Drivers who have been refused a driving licence;
  5. Drivers who have never held a driving licence in NSW although having had a licence or permit to drive outside NSW.

Penalties

The maximum penalty for a Special Range drink driving offence, if it is your first major traffic offence within 5 years, is a fine of $1,100.00 and a 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.

What is the penalty for Special Range drink driving if it is my first major traffic offence?

If it is your first offence for Special Range drink driving, you will have good prospects of achieving a Section 10, with the magistrate not proceeding with a conviction. You will not be disqualified from driving if this is achieved.

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/

The concern for most drivers charged with a Special Range PCA 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.

Penalty where the offence is a second or subsequent major offence within 5 years

The maximum penalty for a Special Range PCA offence, if it is your second or subsequent major offence within 5 years, is a fine of $2,200.00 and a  maximum disqualification period of 3 months. 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. A second or subsequent offence of this nature will also incur a mandatory minimum period of 12 months using the interlock device.

Major traffic offences include:

  1. A conviction of murder or manslaughter arising out of the use of motor vehicle;
  2. A conviction for wounding, causing actual bodily harm or inflicting grievous bodily harm arising out of the use of a motor vehicle;
  3. Predatory driving, Involvement in a police pursuit, and failing to stop after an impact causing grievous bodily harm;
  4. Driving recklessly, furiously or in a manner or speed dangerous to the public;
  5. Negligent Driving causing death or grievous bodily harm;
  6. Menacing Driving;
  7. Drink Driving, refuse breath analysis or wilfully alter concentration;
  8. Prevent medical practitioner or nurse from taking blood;
  9. Drive under influence of alcohol or drug;
  10. Refuse sample of blood or urine or wilfully introduce or alter amount of drug in blood or urine;
  11. Failing to stop and assist following impact causing death or injury;
  12. Failing or refusing to provide oral fluid sample;
  13. 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;
  14. Refuse or fail to supply sample of urine or blood (fatal accident).

Drink Driving Penalties 

drink driving table

Our client was on her provisional licence and was charged with special range drink driving and was facing the possibility of a 6 months disqualification.

Our client looked after her grandmother and was a single mother to a 3 year old child. Our client was sentenced at Fairfield Local Court before LCM Swaine.

Our solicitor argued that a loss of licence would significantly impact on the clients ability to work, care for her grandmother and raise her child.

The court agreed with our solicitor that a section 10 would be a appropriate penalty given the circumstance of the client.

The client got to kept her licence and tend to the proper care of her grandmother.

Our client was charged with a special range PCA whilst he was working as a taxi driver in the early hours of the morning.

At the time of the offence he had one passenger in his car and had only driven around the corner before he was stopped at a random breath test.

Upon testing positive the police confiscated our client’s taxi authority card. Although the offence itself does not carry an automatic police suspension, our client was unable to work until his matter was finalised.

Our client pleaded guilty to the offence and was sentenced by Magistrate Milledge at the Downing Centre Local Court.

Her Honour was satisfied that this was not an flagrant disregard for the law in that our client had consumed some wine with his dinner the night before working.

He had a good record for a professional driver and his livelihood depended upon his licence.

Our solicitor handed up reference material which was meticulously prepared and policy documents which require taxi drivers to be fit and proper driver to hold a taxi authority card.

Her Honour was satisfied that this offence was extremely uncharacteristic and highly unlikely to ever be repeated by our client. She disposed of the case by way of a section 10(1)(a). This was the best possible result for our client and of great assistance in ensuring his taxi authority card will be returned

Contact us for your Free initial consultation. Available at our Sydney CBD, Parramatta, Liverpool, Wollongong or Newcastle office.

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Achieving results one case at a time

Highly recommend! Joseph handled my case and got the result he said i would, communication was great and his advice on what to do to help my case was great, dont hesitate to give them a call if you ever need legal help.

Todd Hurring

Ly Lawyers
5.0
2017-06-25T22:46:32+00:00

Todd Hurring

Highly recommend! Joseph handled my case and got the result he said i would, communication was great and his advice on what to do to help my case was great, dont hesitate to give them a call if you ever need legal help.

Achieving results one case at a time

Want to say a big thanks to Adam and the team, was looking at jail without a doubt, already had 2 other common assaults, a GBH, and a fair few other charges on my record and facing another GBH. Never done jail before and thought this was my time for sure. Great service from them, Adam always answered my calls and step me through everything the whole way. Managed to stay out of jail with a ICO order, big win, thanks again, highly recommend

Breno T.

Ly Lawyers
5.0
2017-06-25T22:53:27+00:00

Breno T.

Want to say a big thanks to Adam and the team, was looking at jail without a doubt, already had 2 other common assaults, a GBH, and a fair few other charges on my record and facing another GBH. Never done jail before and thought this was my time for sure. Great service from them, Adam always answered my calls and step me through everything the whole way. Managed to stay out of jail with a ICO order, big win, thanks again, highly recommend

Achieving results one case at a time

I just wanted to say a big thank you to LY Lawyers. My husband just got his sentence at Parramatta District Court last week, expecting to be in jail a lot longer. He was charged with supplying commercial drugs. LY Lawyers represented him with great passion and commitment, all of their staff chipping in to get a short sentence. Only a year to go before he gets out!

Kim Smith

Ly Lawyers
5.0
2017-06-25T22:53:58+00:00

Kim Smith

I just wanted to say a big thank you to LY Lawyers. My husband just got his sentence at Parramatta District Court last week, expecting to be in jail a lot longer. He was charged with supplying commercial drugs. LY Lawyers represented him with great passion and commitment, all of their staff chipping in to get a short sentence. Only a year to go before he gets out!

Achieving results one case at a time

It was a pleasure to work with LY Lawyers. They got me off from my charge. Could not thank them enough!

William Song

Ly Lawyers
5.0
2017-06-25T22:54:34+00:00

William Song

It was a pleasure to work with LY Lawyers. They got me off from my charge. Could not thank them enough!

Achieving results one case at a time

Joseph was amazing and did a fine job representing me in my case. He got the job done and got me the result I wanted.

Habib Rahman

Ly Lawyers
5.0
2017-06-25T22:55:09+00:00

Habib Rahman

Joseph was amazing and did a fine job representing me in my case. He got the job done and got me the result I wanted.

Achieving results one case at a time

Joseph you did an amazing job representing me at Sydney District court . My prior lawyer didn't do anything for me in the local court, but u guys were great in the district court. Thanks for being patient with me too.

Josh Tyler

Ly Lawyers
5.0
2017-06-25T22:56:43+00:00

Josh Tyler

Joseph you did an amazing job representing me at Sydney District court . My prior lawyer didn't do anything for me in the local court, but u guys were great in the district court. Thanks for being patient with me too.

Achieving results one case at a time

I just wanted to say thank you for helping me with my case and THANK YOU for the section 10!

Craig H

Ly Lawyers
5.0
2017-06-25T22:57:53+00:00

Craig H

I just wanted to say thank you for helping me with my case and THANK YOU for the section 10!

Achieving results one case at a time

The team at LY Lawyers were great to deal with, after getting charged with a minor offence. The costs were upfront and affordable. Communication was great and I felt like they really cared about me. If I was ever in trouble again they would be my first point of call for help.

Sarah Davies

Ly Lawyers
5.0
2017-02-01T00:09:03+00:00

Sarah Davies

The team at LY Lawyers were great to deal with, after getting charged with a minor offence. The costs were upfront and affordable. Communication was great and I felt like they really cared about me. If I was ever in trouble again they would be my first point of call for help.

Achieving results one case at a time

What a result from a great team!

Adam handled my case and put everything he had into it. He's a great lawyer at affordable fees. Would highly recommend.

John L.

Ly Lawyers
5.0
2017-02-01T01:38:38+00:00

John L.

What a result from a great team! Adam handled my case and put everything he had into it. He's a great lawyer at affordable fees. Would highly recommend.
5.0
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