A Basic Guide to the Charge of Special Range PCA
What is Special Range PCA?
There are certain categories of drivers who are restricted to having a blood alcohol concentration of less than 0.02 at the time of driving. This includes P-plate drivers, who are generally required to observe a zero limit, as well as truck, taxi and bus drivers.
You can be prosecuted for Special Range PCA if you have a blood alcohol concentration of 0.02 or higher and less than 0.05.
Can I challenge the breath analysis?
Just because the police allege that you returned an analysis exceeding the permissible blood alcohol content does not necessarily mean that it is accurate. There are also restrictions on when and where the police can conduct a breath test on you.
We can advise you on whether or not the breath analysis can and should be challenged. Remember that the police do not always get it right.
What penalties might I face for Special Range PCA?
If you are found guilty of the offence of Special Range PCA, you may have a criminal conviction recorded against you. You may not realise how significantly a criminal record can affect your career or your ability to travel overseas.
If convicted of Special Range PCA, you face an automatic driver’s licence disqualification period of six months. You will also likely face a fine of up to $1,100.
The court can reduce the period of your disqualification to not less than three months in certain circumstances. However, you may be able to argue that you should be granted leniency under section 10. If the court agrees, then you will have no conviction at all recorded against you.
If the charge of Special Range PCA is your second offence within a five-year period, then you will face even higher potential penalties.
Potential defences to Special Range PCA Drink Driving
It is important to remember that there may be defences available to you if you have been charged with Special Range PCA – just because you have been charged does not mean that you will be convicted and does not necessarily mean that you should plead guilty.
We can provide you with advice on the best possible arguments to make in order to avoid a conviction – or alternatively on the best arguments to put forward in mitigation prior to sentencing.
When providing advice, we will consider whether you should tender character references to the court, participate in the Traffic Offender Intervention Program or voluntarily apply to participate in the Interlock program. We will also provide you with an honest and realistic appraisal of your prospects of successfully defending the charge.
How can we help you?
Nyman Gibson Miralis employs very experienced traffic lawyers who can assist you with all aspects of a PCA charge. If you have already been found guilty and been sentenced, we can assist you in lodging a severity appeal in the District Court and arguing it on your behalf.