Low Range Drink Driving

Lawyers NSW

What is Low Range Drink Driving

Low Range Drink occurs when a person is caught driving a vehicle on a public road and whose breath test or blood test shows a prescribed concentration of alcohol (PCA) reading between 0.050 and 0.079.

 

While it is the least serious form of the drink driving offences, it is still a criminal offence and as such prosecuted by Police before a Magistrate in the Local Court.

Low Range Drink Driving & The Law

Low Range Drink Driving is regulated under Section 110(3) of the Road Transport Act 2013.

Going to Court – “What am I looking at?”

Low Range Drink Driving carries a maximum fine of $1,100 and an automatic disqualification period of 6 months. The Courts can reduce this disqualification period to 3 months.

If however, this is a second or subsequent major offence within 5 years, there is a maximum fine of $2,200 and a disqualification period of 12 months, with a minimum disqualification period of 6 months.

There is also a mandatory minimum period of 12 months using an interlock device for any second or subsequent offence.

What is a ‘Major Offence’?

A ‘Major Offence’ is a serious traffic offence and defined under Section 4 of the Road Transport Act 2013. It can include but not limited to, traffic offences such as:

  • Drink or Drug Driving

  • Negligent Driving causing death or grievous bodily harm

  • Driving recklessly

  • Police pursuit

  • Failing or refusing to provide oral fluid sample

 

Lawyer Call – here to help..

At Lawyer Call, we understand that if you or a loved one has been charged with Low Range Drink Driving, you may be feeling anxious and worried about what will happen next.

A finding of guilty will most often result in a criminal conviction, unless the Magistrate decides to deal with the matter via a Section 10 of the Crimes (Sentencing Procedure) Act 1999, which effectively recognises a finding of guilty without proceeding to a conviction. This allows the person to keep their licence.

Lawyer Call Traffic solicitors consider each matter on its own merit, and the importance of a strong presentation of all available subjective material is crucial. Our experienced traffic solicitors have on countless occasions been able to persuade the Court not to record a conviction and have the matter dismissed and dealt with by way of a Conditional Release Order.

We understand the intricacies of conducting powerful pleas before a Magistrate, where should you wish to plead guilty, our lawyers have a proven track record of great results, assisting clients avoid criminal convictions.

At every stage of this process, our staff will provide useful legal advice, strong representation in Court, masterful negotiation skills with Police and continuous personal support for you and your family throughout this trying time.

Our Online Legal Conferencing Service, together with our dedicated correspondence and face to face consultations are just only some of the reasons Lawyer Call is the Traffic Defence Team you want on your side.

Call us today and together we will present the matter before the Court to the highest professional standard, giving you the best chance of keeping your licence.  

 

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—  Casey, Nurse

    Sutherland

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