Recent Result: High-Range Drink Driving Receives Community Service Over Jail Time

In a recent case highlighting the complexities of high-range drink driving charges, a 26-year-old man faced severe legal consequences after a late-night collision. The incident involved the man, driving under the influence (DUI), losing control of his vehicle and impacting four parked cars. This led to a serious charge of High Range Drink Driving, with the prosecution strongly advocating for full-time jail. They cited the significant potential for serious harm to the community and the critical need for general and specific deterrence in such cases.

However, our Expert Drink Driving lawyers at Barsha Defence Lawyers presented a compelling argument, focusing on several mitigating factors. These included the client’s lack of prior criminal history, his genuine remorse, his full cooperation with law enforcement, his need for a licence and his completion of the Traffic Offenders Intervention Program. Our team of Expert Drink Driving lawyers proposed a community service-based sentence, arguing it would be a more just and effective outcome, promoting rehabilitation without resorting to jail time.

The court, after careful consideration, ultimately agreed with the submissions of our Expert Drink Driving lawyers. Instead of Jail time, our client was given a fine and a community corrections bond. This decision underscores the court’s discretion in balancing the severity of high-range drink driving case with individual circumstances and the potential for rehabilitation.

This case raises important questions about high range drink driving law, sentencing guidelines, and the factors influencing judicial decisions. Understanding these nuances is crucial for anyone facing high-range drink driving charges or interested in the legal outcomes of drink driving incidents

Understanding the legal consequences of high-range drink driving in NSW is crucial. Penalties vary significantly based on your PCA (Prescribed Concentration of Alcohol) level and whether it’s a first or subsequent offense. A high-range drink driving conviction in New South Wales typically results in driver’s license disqualification, substantial fines, and a criminal record. Repeat offenders face potentially severe penalties, including jail time.

Maximum Drink Driving Penalties in NSW (First Offence):

• Novice PCA: Up to $2,200 fine.
• Special PCA: Up to $2,200 fine.
• Low Range PCA: Up to $2,200 fine.
• Mid-Range PCA: Up to $2,200 fine and/or 9 months imprisonment.
• High Range PCA: Up to $2,200 fine and/or 18 months imprisonment.

Increased Penalties for Repeat Drink Driving Offences (Within 5 Years):

If convicted of a “major offence” (including PCA offences) within 5 years of a previous conviction, the maximum penalties are significantly increased:

• Novice PCA: Up to $3,300 fine.
• Special PCA: Up to $3,300 fine.
• Low Range PCA: Up to $3,300 fine.
• Mid-Range PCA: Up to $3,300 fine and/or 12 months imprisonment.
• High Range PCA: Up to $5,500 fine and/or 2 years imprisonment.

License Disqualification Periods (First Offence):

A PCA conviction leads to mandatory license disqualification. Disqualification periods vary by PCA level:

• Novice, Special, and Low Range PCA: Automatic 6 months, Minimum 3 months, Maximum 6 months.
• Mid-Range PCA: Automatic 12 months, Minimum 6 months, Maximum Unlimited.
• High Range PCA: Automatic 3 years, Minimum 12 months, Maximum Unlimited.

Mandatory Alcohol Interlock Program For High-Range Drink Driving

In New South Wales, the consequences of a drink driving conviction extend beyond license disqualification and fines. A crucial aspect of NSW’s approach to reducing recidivism is the mandatory alcohol interlock program.

Following a conviction for a PCA (Prescribed Concentration of Alcohol) offence, NSW courts are legally required to impose an Alcohol Interlock Order. This order mandates that, upon the completion of your license disqualification period, you must participate in the alcohol interlock program.

This program involves the installation of an alcohol interlock device in your vehicle. This device requires you to provide a breath sample before the vehicle will start. If the device detects alcohol, the vehicle will not start. Throughout the program, regular data downloads are conducted, and this data is provided to the relevant authorities.

The NSW alcohol interlock program aims to promote responsible driving behaviour and prevent repeat drink driving offences. It ensures that drivers who have been convicted of drink driving demonstrate their ability to separate drinking from driving before regaining full driving privileges.

Where Will Your Case Be Heard?

High-Range Drink driving charges are frequently heard in New South Wales (NSW), typically within the Local Court system. As such, your case will likely proceed in a Local Court setting.

Charged with High-Range Drink Driving in NSW? Top Drink Driving Lawyers Fight for Your Rights

If you’ve been charged with High-Range drink driving in NSW, you need experienced legal representation. Barsha Defence Lawyers provides dedicated and effective defence for individuals facing high-range drink driving charges. Our team of specialized drink driving lawyers understands the impact a conviction can have on your life. We’ll meticulously examine the evidence, identify potential defences, and advocate strongly for your rights. We’re committed to minimizing the consequences and working towards a favourable result. Get a free consultation and learn how we can help you fight your high-range drink driving charge.