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High Range PCA in NSW - 0.150
High Range PCA begins at a blood alcohol concentration of 0.150 grams of alcohol
per 100mls of blood. Section 9 (4) of the Road Transport (Safety and Traffic
Management) Act 1999 states:
(4) Offence-high range prescribed concentration of alcohol
A person must not, while there is present in his or her blood the high range prescribed concentration of alcohol:
At this level, a driver is three times the 0.05 limit and is regarded as being seriously affected. Indeed, an offence of Aggravated Dangerous Driving pursuant to s.52A of the Crimes Act 1900 is constituted inter alia by a "circumstance of aggravation". One of the meanings of a "circumstance of aggravation" is that the driver at fault, has the prescribed concentration of alcohol of 0.150 or above. The penalties for such offences are severe
In 2004 the Attorney General on behalf of the State Government applied to the Court of Criminal Appeal for a Guide-Line Judgment in respect of High Range Drink Driving.
The court gave a lengthy judgement the result of which has seen a far more severe approach by the Courts to offenders who commit such offence.
It is now, not uncommon to see second time offenders of High Range Drink Driving receive custodial type sentences and in some cases, full time gaol. Indeed there are occasions where even first time offenders have received custodial type sentences in circumstances where there are aggravating features in the course of such offenders coming under notice.
For further information on these offences contact us by phone on 02 9687 3777 or email info@proctorlaw.com.au - Proctor & Associates - Accredited Specialists in Criminal Law.
(4) Offence-high range prescribed concentration of alcohol
A person must not, while there is present in his or her blood the high range prescribed concentration of alcohol:
- (a) drive a motor vehicle, or
- (b) occupy the driving seat of a motor vehicle and attempt to put the motor vehicle in motion, or
- (c) if the person is the holder of a driver licence (other than a provisional licence or a learner licence issued under the Road Transport (Driver Licensing) Act 1998 )-occupy the seat in a motor vehicle next to a holder of a learner licence who is driving the vehicle.
At this level, a driver is three times the 0.05 limit and is regarded as being seriously affected. Indeed, an offence of Aggravated Dangerous Driving pursuant to s.52A of the Crimes Act 1900 is constituted inter alia by a "circumstance of aggravation". One of the meanings of a "circumstance of aggravation" is that the driver at fault, has the prescribed concentration of alcohol of 0.150 or above. The penalties for such offences are severe
In 2004 the Attorney General on behalf of the State Government applied to the Court of Criminal Appeal for a Guide-Line Judgment in respect of High Range Drink Driving.
The court gave a lengthy judgement the result of which has seen a far more severe approach by the Courts to offenders who commit such offence.
It is now, not uncommon to see second time offenders of High Range Drink Driving receive custodial type sentences and in some cases, full time gaol. Indeed there are occasions where even first time offenders have received custodial type sentences in circumstances where there are aggravating features in the course of such offenders coming under notice.
For further information on these offences contact us by phone on 02 9687 3777 or email info@proctorlaw.com.au - Proctor & Associates - Accredited Specialists in Criminal Law.
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