High range drink driving is a serious offence pursuant to section 110(5) Road Transport Act, which reads:
Offence-high range prescribed concentration of alcohol
A person must not, while there is present in the person’s breath or blood the high range prescribed concentration of alcohol—
(a) drive a motor vehicle, or
(b) occupy the driving seat of a motor vehicle and attempt to put the motor vehicle in motion, or
(c) if the person is the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence)–occupy the seat in a motor vehicle next to a learner driver who is driving the vehicle.
High range drink driving is when the offender has a prescribed concentration of alcohol (PCA) of over 0.15. The offence is more aggravated, the higher the PCA reading. First high range drink driving offence carries:
- 18 months imprisonment, and/or
- Fines of up to $3,300,
- Automatic driving suspension for 9 months and
- 24-48-month interlock period.
The Courts deem this offence extremely serious and always reflect on the potential consequences of these offences such as the Oatlands tragedy. In sentencing the offender, the starting point is always imprisonment as per the Guideline Judgement.
On 12 June 2020, our office appeared in Blacktown Local Court on behalf of a client charged with high range drink driving with a PCA of 0.218. This was our client’s first drink driving offence; however, the client had an extensive criminal and traffic record including for negligent driving. The client faced a real possibility of going to jail and was extremely anxious. During sentencing our office made strong submissions about the circumstances of the offence, the subjective characteristics of our client and made the final submission that although serious, the offence came within the ambit of technical offending as indicated in the Guideline judgement. The Magistrate imposed a fine on our client but not before our office submitted that due to COVID-19 and its financial consequences, the fine should not be too onerous. The Magistrate fined the client and backdated his license suspension.
Pannu Lawyers extensively practice in Criminal Law and regularly appear at Courts throughout New South Wales. If your matter is at Blacktown Local Court, we are conveniently located within a walking distance from the Blacktown Local Court. Call our office on 02 9920 1787 to discuss your matter in a confidential manner.
