The offence of High Range PCA (Prescribed Concentration of Alcohol) is charged when the blood alcohol concentration (BAC) of a person is found to be 0.150 or above. Regardless of whether you are a first time or repeat offender, the penalties that can be given following a charge of High Range PCA are quite severe alone – a finding of High Range PCA attracts a fine of up to $3,300, imprisonment for up to 18 months, and disqualification of the offender’s driver’s licence for any period ranging from 12 months to 3 years.
If you are charged with high range drink driving, various options are available to assist with formulating a defence, notwithstanding the seriousness of the offence. The best course of action to take is to hire an experienced traffic lawyer who can advise you as to your prospects of success, and assist with fighting your case in court.
Here are some points to consider when defending yourself:
- Plead guilty: The best way to get an advantageous result in your case is to tell the truth. Entering a plea of guilty will not guarantee a ‘get out of gaol free’ card, but may place the court in a position to offer a more lenient penalty than it otherwise would have given if a guilty plea was not entered.
- Who was driving: If you are stopped for a random breath test, there is no question as to who the driver is, but suppose an accident has happened, and the driver is not present at the scene. , The police can infer that the owner of the vehicle was the driver, but this would need to be put to proof.
- Two hour limit: There are some situations where the police cannot take a breath test of an offender, which includes a time limit of two hours since the accused person had driven a vehicle.
- A police officer also cannot request that you take part in a breath test while you are at home. In this context, ‘home’ includes any part of the property, including the driveway.
KEEP A NOTE
Always remember, if you are charged with the offence of High Range PCA, the only thing you can do is try to mitigate your charges as much as you can. With this said, always think about the consequences of getting behind the wheel of a vehicle whilst under the influence of alcohol, no matter how much you have consumed. One mistake on the road can not only lead to a criminal conviction against your name, but can also negatively affect your life, as well as the lives of other motorists.
ENGAGE US AS YOUR DRINK DRIVING LAWYERS IN SYDNEY
If you are facing drink driving charges and need help, give us a call at Sydney Traffic Lawyers. We will connect you with a drink driving lawyer in Sydney who can walk you through the basics of your charges and learn more about your case. From there, we will identify and build the best defence possible for your situation. To schedule a consultation today, give us a call on (02) 8059 7121.