NOVICE RANGE DRINK DRIVING (PCA)
The offence of Novice Range PCA is committed by a person who drives a motor vehicle on a public road with a blood alcohol concentration above 0.00 and up to 0.019. Any person who is subject to a zero alcohol limit while driving may be charged with novice range PCA.
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Broadly speaking, this offence will usually apply to persons who have a special licence such as a learner licence, P1 provisional licence or P2 provisional licence. The charge also applies to persons driving without a valid licence, including suspended and disqualified drivers.
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As of 20 May 2019, NSW Police Officers will be able to issue either:
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an infringement notice; or
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a court attendance notice for the offence.
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If you receive an infringement notice, you will also either receive an immediate suspension notice from the police or one subsequently from the RMS suspending your licence for a period of three months.
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If you receive a court attendance notice, or elect to take the matter to court, the maximum penalty for this charge depends on whether a person is a first offender (20 penalty units) or second and subsequent offender (30 penalty units).
If a court sentencing a person records a conviction, it must make a disqualification order. The automatic period of disqualification for a first-time offender is 6 months. The court can reduce this period; however, they cannot reduce it below the minimum disqualification period of 3 months.
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Loss of licence for any period, whether it be days, weeks, or months, can have a crippling effect on a person and their entire family. There are options available to offenders to have the matter determined by a court and seek to avoid a conviction and loss of licence, or to appeal an immediate licence suspension.
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Regardless of whether police issue an infringement notice or a court attendance notice, they will now have the power to issue an immediate notice of suspension.
This immediate notice of suspension will mean that the offender’s driver licence will be suspended on the spot for a period of 3 months.
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Table of Penalties for Novice-Range Drink Driving:
Penalty
First offence
Second or subsequent offence
Penalty Notice Fine
$572
N/A
Immediate licence suspension
Yes
Yes
Maximum court- imposed fine
$2,200
$3,300
Maximum prison term
N/A
N/A
Minimum disqualification
3 Months
6 Months
Maximum disqualification
6 Months
Unlimited
Automatic disqualification (disqualification period that applies in the absence of a specific court order)
6 Months
12 Months