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Traffic offences are violations of road laws that include minor infringements like speeding and parking fines, as well as more serious offences such as driving under the influence and reckless driving. Penalties vary and can include fines, demerit points, license suspension, mandatory driving courses, or a term of imprisonment. Addressing these offences is essential for ensuring road safety and reducing accidents across the country.

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Offences


High Range PCA

If you have been charged with drink driving with high range PCA this means that your blood alcohol concentration (BAC) was 0.150 or above.

If you have been charged with high range PCA your licence can be suspended and confiscated on the spot. The suspension will remain until your matter has been dealt with by the court.

The potential penalties for a high range PCA offence include:

Penalty First Offence Subsequent Offence
Maximum fine $3,300 $5,500
Maximum term of imprisonment 18 months 2 years
Minimum disqualification 12 months 2 years
Maximum disqualification Unlimited Unlimited
Automatic disqualification 3 years 5 years
Immediate licence suspension Yes Yes

In addition to these penalties, there is a mandatory interlock period, this means you must have a device installed in your vehicle if you wish to drive following your disqualification period.

If you have been charged with this offence it is likely that this offence will be recorded on your criminal record

If you have been charged with a drink driving offence, call our criminal law specialists today on 0413 478 367 to arrange a free consultation. We are experienced criminal lawyers dedicated to vigorously defending your rights and achieving the best outcome for you.

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Mid Range PCA

If you have been charged with a mid range PCA offence, your blood alcohol level is between 0.08 to 0.149

The potential penalties include:

Penalty First Offence Second Offence
Maximum term of imprisonment 9 months 12 months
Minimum disqualification 6 months 12 months
Maximum disqualification Unlimited Unlimited
Automatic disqualification 12 months 3 years
Immediate licence suspension Yes Yes
Interlock Order Yes Yes

In addition to the penalties, you will be subject to a mandatory interlock order if you wish to drive a vehicle following the period of disqualification.

If you have been charged with a drink drinking offence, call our criminal law specialists today on 0413 478 367 to arrange a free consultation. We are experienced criminal lawyers dedicated to defending your rights and achieving the best outcome for you.

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Drive Whilst Suspended

If you have been charged with driving while suspended that means that you a have driven on a public road after Transport for NSW has suspended your licence.

A person can be fined up to $3300 for this offence and jailed for up to 6 months for a first offence or up to 12 months for a second or subsequent offence.

The defence of honest and reasonable mistake of fact is open to a person charged with this offence. If you can show that you were unaware that your licence had been suspended you would be successful in defending the charge.

Penalties First Offence Second or Subsequent Offence
Maximum court imposed fine $3,300 $5,500
Maximum term of imprisonment 6 months 12 months
Automatic disqualification period 6 months 12 months
Minimum disqualification period 3 months 6 months
Maximum disqualification period Unlimited Unlimited

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Drive Whilst Disqualified

If you have been charged with an offence of driving whilst disqualified, this would mean that you drove on a public road after your licence had been disqualified by the court.

Penalties:

Penalties First Offence Second or Subsequent Offence
Maximum Court imposed fine $3,300 $5,500
Maximum term of imprisonment 6 months 12 months
Automatic disqualification period 6 months 12 months
Minimum disqualification period 3 months 6 months
Maximum disqualification period Unlimited Unlimited

Defences

  1. You were not driving; or
  2. Honest and reasonable mistake of fact

If you have been charged with driving whilst disqualified, call our criminal law specialists today on 0413 478 367 to arrange a free consultation. We are experienced criminal lawyers dedicated to defending your rights and achieving the best outcome for you.

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Dangerous Driving

Occasioning Death

The prosecution must prove two things beyond a reasonable doubt:

That you were involved in a collision that caused the death of another person; and

At the time of the collision, you were:

a) Under the influence of intoxicating liquor or of a drug OR

b) At a speed dangerous to another person or persons OR

c) In a manner dangerous to another person or persons

Aggravated Dangerous Driving Occasioning Death

The prosecution must prove beyond a reasonable doubt that

1. You were involved in a collision that caused the death of another person; and

2. At the time of the collision, you were:

a) under the influence of intoxicating liquor or of a drug OR

b) at a speed dangerous to another person or persons OR

c) in a manner dangerous to another person or persons

3. in ‘circumstances of aggravation’

Circumstances of aggravation means at the time of the impact occasioning death or grievous bodily harm, either:

a) The prescribed concentration of alcohol was present in the accused’s breath or blood, or

b) The accused was driving the vehicle concerned on a road or at speed that exceeded, by more than 45 kilometres per hour, the speed limit (if any) applicable to that length of road, or

c) The accused was driving the vehicle to escape pursuit by a police officer, or

d) The accused’s ability to drive was very substantially impaired by the fact that the accused was under the influence of a drug (other than intoxicating liquor) or a combination of drugs (whether or not intoxicating liquor was part of that combination)

Defences

If the death or grievous bodily harm occasioned by the impact was not in any way attributable:

a) To the fact that the person charged was under the influence of intoxicating liquor or of a drug or a combination of drugs, or

b) To the speed at which the vehicle was driven, or

c) To the manner in which the vehicle was driven

If you have been charged with dangerous driving, call our criminal law specialists today on 0413 478 367 to arrange a free consultation. We are experienced criminal lawyers dedicated to defending your rights and achieving the best outcome for you.

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Why Choose Tang Criminal Lawyers

Dedication

We apply ourselves diligently to each and every case, there is no case too small or too big for us to defend.

Trust

We are known for our highly skilled knowledge and expertise in criminal and traffic law.

Results

We are expert criminal defence lawyers and you can count on us to always deliver.

Care

We exercise care and diligence over each and every case and we will stop at nothing to achieve the best outcome for you.

We’re dedicated to achieving the best results possible.

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