What is Novice Range PCA?
You can be charged with Novice Range PCA if you are prohibited from having any alcohol in your system while behind the wheel, but testing reveals a blood alcohol concentration of over 0 and less than 0.02. This offence applies to P-plate drivers, for example.
Can I challenge the breath analysis?
Just because the police allege that you returned an analysis showing some 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. The police aren’t exempt from making mistakes.
What penalties might I face for Novice Range PCA?
If you are found guilty or plead guilty to the offence of Novice Range PCA, then you face a fine of up to $1,100 and may end up having a criminal record. Having a criminal conviction recorded against your name can significantly affect your future employment prospects, and even your ability to travel to certain countries.
A conviction for Novice Range PCA means that you face an automatic disqualification period of six months, which can be reduced to not less than three months. However, you may be able to argue that you deserve leniency in accordance with section 10 – which means that you will face no penalties and no criminal conviction will be recorded.
There are more severe penalties if you have been charged with your second offence in a five-year period.
Defences to the charge
There are defences available to the charge of Novice Range PCA.
We can provide advice on the best possible means of avoiding a conviction or to mitigate the penalties you face if you are convicted, and an honest appraisal of your prospects of success.
We can also advise you on whether you should obtain character references in your defence, participate in the Traffic Offender Intervention Program, or volunteer to have an Interlock device fitted to your vehicle if it’s your first offence.