Mid Range Drink Driving
What is Mid Range Drink Driving
Mid 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 0.080 and 0.149.
Mid Range Drink Driving is considered a serious criminal offence which is prosecuted rigorously in NSW courts, as the level of serious risk of injury to the general public is significantly high and there exists a need for general deterrence. This is often reflected in the harsh sentencing penalties given by Magistrates in the Local Courts, such as long driving disqualification periods, heavy fines and at times, periods of full time imprisonment.
Mid Range Drink Driving & The Law
Mid Range Drink Driving is regulated under Section 110(4) of the Road Transport Act 2013.
Going to Court – “What am I looking at?”
Mid Range Drink Driving carries a maximum fine of $2,200 and an automatic disqualification period of 12 months. The Courts can reduce this disqualification period to 6 months. It also carries a maximum term of 9 months imprisonment.
If however, this is a second or subsequent major offence within 5 years, there is a maximum fine of $3,300 and a term of imprisonment of 12 months, with an unlimited maximum disqualification period. It carries an automatic disqualification period of 36 months, however, this can be reduced to a minimum of 12 months.
There is also a mandatory minimum period of 24 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
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 Mid Range Drink Driving, you may be feeling anxious and worried about what will happen next.
Our Lawyer Call Traffic team have in-depth preparation in gathering and analysing specific medical and supporting documentation to assist your case and make relevant sentencing submissions addressing the plea of guilty, the circumstances of the offence, as well as any subjective factors that will present an overall picture to achieve the best possible outcome before a Magistrate and obtain a more lenient sentence, with a reduced disqualification period, a minimal fine, and most importantly avoid imprisonment.