Special Range Drink Driving
If you have been charged with special range drink driving you will fall within one of the following categories as defined in section 8 of the Road Transport (Safety Management) Act 1999:
- Learner drivers;
- Provisional drivers - i.e. "P" plate drivers;
- Those whose licence is either suspended or cancelled;
- Disqualified drivers;
- Drivers who have been refused a driving licence;
- Drivers who have never held a driving licence in NSW although having had a licence or permit to drive outside NSW;
- Drivers of a motor vehicle that is being driven for hire or reward, or in the course of any trade or business, as a public passenger vehicle within the meaning of the Passenger Transport Act 1990;
- Drivers of a motor vehicle that is a coach or heavy motor vehicle, or
- Drivers of vehicles carrying dangerous goods or radioactive substances and required to exhibit a sign as required under relevant legislation.
Under the Legislation it is an offence for a person to drive such vehicle with the special range prescribed concentration of alcohol. The Legislation states:
- A person must not, while there is present in his or her blood the special range prescribed concentration of alcohol:
- if the person is a special category driver in respect of a motor vehicle - drive the motor vehicle, or
- if the person is a special category driver in respect of a motor vehicle - occupy the driving seat of a motor vehicle and attempt to put the motor vehicle in motion, or
- if the person is a special category supervisor in respect of a motor vehicle and 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.
Special 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 |
Maximum |
Minimum |
| 1st Offence |
$1100 |
nil |
3 months |
6 months |
| 2 or More |
$2200 |
nil |
6 months |
unlimited |
If you have been charged with Special Range Drink Driving, you need skilled legal assistance. Call LAC Lawyers today on 1300 799 888 for advice.
Special Range Drink Driving Articles
Demerit Points Can Now Be Avoided By Making A Court Election
Date: March 17, 2011
Author(s): Jana Whitby B.A., LL.B. (Hons.)
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): Annette Wood B.A. (Policing), LL.B.
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): Annette Wood B.A. (Policing), LL.B.
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
Author(s): Jana Whitby B.A., LL.B. (Hons.)
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): Jana Whitby B.A., LL.B. (Hons.)
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
Author(s): LAC Lawyers
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.