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  • Low Range Drink Driving

Section 9 (2) of the Road Transport (Safety and Traffic Management) Act 1999 creates the offence of driving with the low range of prescribed concentration of alcohol.

The low range is determined as that blood alcohol concentration (BAC) between 0.05 and less than 0.08 grams alcohol per 100 mls of blood.

Section 9(2) states: A person must not, while there is present in his or her blood the low range prescribed concentration of alcohol:

  1. drive a motor vehicle, or
  2. occupy the driving seat of a motor vehicle and attempt to put the motor vehicle in motion, or
  3. if the person is the holder of a driver licence (other than a provisional licence or a learner licence issued under the Road Transport (Driver Licensing) Act 1998) - occupy the seat in a motor vehicle next to a holder of a learner licence who is driving the vehicle.
 

Often those who are charged with this offence are somewhat surprised that they are over 0.05 and a common expression of dismay is along the lines of "I didn't even feel affected".

There are some "rule of thumb" guidelines for male and female drinkers suggesting that the average male can consume two standard drinks in the first hour and one standard drink per hour thereafter, and the average female one standard drink in the first hour and one per hour thereafter, however these guidelines should be treated with caution, as there are a number of factors which affect people differently.

Low Range Drink Driving Penalties

Below is a table outlining the penalties that apply once a court decides to record a conviction against you for the offence.

  Licence Disqualification
# of Offences Fine Prison Minimum Maximum
1st Offence $1100 nil 3 months 6 months
2 or More $2200 nil 6 months unlimited

If you have been charged with Low Range Drink Driving, you need skilled legal assistance. Call LAC Lawyers today on 1300 309 551 for advice.

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Low Range Drink Driving Articles

Demerit Points Can Now Be Avoided By Making A Court Election

Date: March 17, 2011
Author(s): LAC Lawyers
As a result of a recent change of law, individuals charged with traffic offences can now avoid having demerit points imposed by the RTA if the charges are ultimately dismissed by a Court.

MERIT (Magistrates Early Referral into Treatment)

Date: March 17, 2011
Author(s): LAC Lawyers
The aim of MERIT is to break the cycle between drugs and crime by involving defendants in treatment and rehabilitation. Under a new trial funding arrangement, MERIT is being trialed at Manly and Wollongong Local Courts for adults with alcohol problems.

The Difference between Prescribed Concerntration of Alcohol (PCA) Offences and Drive Under Influence (DUI) of Alcohol or Drug

Date: March 10, 2011
Author(s): LAC Lawyers
Police are able to conduct breath tests on drivers in NSW under certain circumstances. When a driver has been involved in a motor vehicle accident, when stopped for their manner of driving, or as it often the case at random breath test stations.

Drink Driving - What Happens When You Go To Court

Date: November 10, 2010
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Check out our step by step guide on the court porcess for drink driving.

Criminal Law - Sentencing in the Local Court

Date: October 08, 2010
Author(s): LAC Lawyers
Often I am asked by my clients who have been charged with common offences such as assault or drink driving what the likely result will be if they enter a plea of “Guilty”. This is not a question which can be answered with much certainty given that even when to individuals are charged with exactly the same charge, the possible outcome when it comes to that individual’s sentencing can vary according to factors such as in which Local Court the matter is dealt with, which Magistrate determines the sentence, the sentencing options available to the Magistrate and the individual’s subjective circumstances.

Criminal Law - Drink Driving Summary

Date: October 21, 2008
Author(s): LAC Lawyers
Everything you need to know about drink driving...

Criminal Law - Traffic Offenders Program

Date: October 21, 2008
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Some common questions about the Traffic Offenders Program

Drink Driving - Your Rights, Police Powers, Court Penalties

Date: September 01, 2008
Author(s): LAC Lawyers
Read on to find a list of commonly asked questions as well as an overview of likely penalties according to your Prescribed Concentration of Alcohol (PCA).

Drink Driving - Legal Representation Is Your Best Bet

Date: December 13, 2007
Author(s): LAC Lawyers
Drink Driving is a crime that people, including professionals, are increasingly being charged with nowadays. On many occasions it is a first offence where one misjudges how much they had consumed, assumes they are within their legal limit to drive, and are then, to their misfortune, stopped by Police and charged.

What to expect when you call LAC Lawyers

Date: December 13, 2006
Author(s): LAC Lawyers
LAC Lawyers is a full service firm dedicated to the provision of superior legal services in Australia. Our aim is to provide unrivalled client satisfaction coupled with high quality service and advice. When you call LAC Lawyers our friendly reception staff will spend time with you to identify the area of law your enquiry relates to then pass you on to one of our qualified solicitor's who can help you.

Criminal Law - Serious Traffic and Drink Driving Offences

Date: February 16, 2006
Author(s): LAC Lawyers

Criminal Law - Sentence and penalty options available to courts if convicted of a criminal offence

Date: September 26, 2005
Author(s): LAC Lawyers
Murder. Bigamy. Robbery. Bushfires. Terrorism. Domestic violence. Computer offences. Concealing the birth of a child. Fraud. Rape. The list of criminal offences for which a person may be convicted in any Australian jurisdiction is extensive.

The Criminal Aftermath of Drink Driving: Penalties and Sentences

Date: September 22, 2005
Author(s): LAC Lawyers
Drink driving is an offence under the Road Transport (Safety & Traffic Management) Act 1999 (NSW) (the “Act”). In New South Wales there are effectively five categories of “prescribed concentration of alcohol” (PCA) offences.

Low Range Drink Driving Lawyers

Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.

Position: Senior Solicitor
Michael Pickering is our most senior solicitor employed in the Melbourne Branch of LAC Lawyers Pty Ltd. He deals with a wide range of matters. He has over 30 years experience as a lawyer which he applies for the benefit of clients whether large or small.

Scott Gray LPAB, Grad. Dip. Legal Practice

Position: Solicitor
Scott is result driven and strives to ensure each client achieves complete satisfaction throughout the life of their matter. He understands the stress that many clients experience and is always available to assist and discuss specific requirements as well as explain industry processes and procedures in a clear and concise manner.

Low Range Drink Driving Links

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