Traffic Law Archives - Page 3 of 4 -

High Range PCA

High range drink driving refers to a blood alcohol reading above 0.15. If you’ve been charged with High Range PCA, our experienced traffic lawyers are here to help. We’ve answered some common questions below, or you can call us for a free initial consultation.

Will I have to go to court?

Police will give you a court attendance notice after your positive prescribed concentration of alcohol reading. Therefore, you’re required to appear before a magistrate.

Will I lose my licence for High Range Drink Driving?

Most offenders charged with high range drink driving will have their licence disqualified by a court. However, it is possible to avoid this if you receive a non conviction. This will result in a conditional release order without conviction being imposed. However, this outcome is very rare.

Will I go to jail?

It is possible to go to jail for high range drink driving. The risk increases if there are a number of aggravating features, such as:

A collision
Passengers
Prior drink driving convictions

However, the are alternative sentence options. For example, an intensive corrections order or a community corrections order.

High Range PCA Penalty

First Offence

The maximum penalty is 18 months imprisonment, and/or a fine of $3,300. Your licence can be disqualified for 6 to 9 months. In addition, an interlock order will be made for 24 months.

However, it is possible to get an interlock order exemption. If this occurs, the disqualification period will increase.

Second or Subsequent Offence

If it is a second or subsequent offence, the maximum penalty is 2 years imprisonment, and/or a fine of $5,500. Your licence can be disqualified for 9 to 12 months. In addition, an interlock order will be made for 48 months.

However, it is possible to get an interlock order exemption. If this occurs, the disqualification period will increase.

Can I appeal my licence suspension issued by police?

Yes, you can appeal the immediate licence suspension issued by police.

How long will high range drink driving stay on my record for?

How long will a drink driving conviction stay on my record?

Regardless of whether or not you are convicted, a high range drink driving offence will always appear on your traffic history.

A conviction for high range will also appear on your criminal record for 10 years. After 10 years, the conviction will become spent.

We can help

Our lawyers are committed to your case. We can help you appeal your licence suspension. If pleading guilty, we will work with you to prepare strong a strong case in order to seek leniency from the court.

Mid Range PCA

Mid range drink driving refers to a blood alcohol reading above 0.08 and up to 0.149. If you’ve been charged with Mid Range PCA, your licence will usually be suspended and you’ll be required to attend court.

Our trusted drink driving lawyers are experts in preparing and presenting your case in court. For example, read about our Past Cases for mid range drink driving, where our clients received no conviction and no disqualification.

Will I have to go to court?

Police will give you a court attendance notice after your positive prescribed concentration of alcohol reading. Therefore, you’re required to appear before a magistrate.

Will I lose my licence for mid range drink driving?

Most offenders charged with mid range drink driving will have their licence disqualified by a court. However, it is possible to avoid this, if you receive a non conviction (known as a section 10).

Will I go to jail?

It is possible to go to jail for mid range drink driving. However, most offenders will not go to jail.

Mid Range PCA Penalty

First Offence

The maximum penalty is 9 months imprisonment, and/or a fine of $2,200. Your licence can be disqualified for 3 to 6 months. In addition, an interlock order will be made for 12 months.

However, it is possible to get an interlock order exemption. If this occurs, the disqualification period will increase.

Second or Subsequent Offence

If it is a second or subsequent offence, the maximum penalty is 12 months imprisonment, and/or a fine of $3,300. Your licence can be disqualified for 6 to 9 months. In addition, an interlock order will be made for 24 months.

However, it is possible to get an interlock order exemption. If this occurs, the disqualification period will increase.

Can I appeal my licence suspension issued by police?

Yes, you can appeal the immediate licence suspension issued by police.

How long will a drink driving conviction stay on my record?

Regardless of whether or not you are convicted, a drink driving offence will always appear on your traffic history.

A conviction for drink driving will also appear on your criminal record for 10 years. After 10 years, the conviction will become spent.

We can help

Low Range PCA

Low Range PCA refers to a blood alcohol reading above 0.05 and up to 0.079. However, you may not have to attend court if you are charged with this offence.

Will I lose my licence for low range drink driving?

If it is a first offence, police can suspend your licence on the spot for 3 months. In addition, you’ll receive a fine. It is possible to appeal this suspension.

If police don’t suspend your licence, the RMS will send you a letter advising you that your licence will be suspended for a period of 3 months. Again, it is possible to appeal this suspension.

If you are given a court attendance notice, then a magistrate can impose a licence disqualification period of up to 6 months. However, it is possible to avoid losing your licence if you are sentenced to a conditional release order without conviction.

Will I have to go to court?

The police have an option of issuing you an infringement notice or a court attendance notice for this offence.

You only need to attend court if you receive a court attendance notice.

Infringement Notice Received

If you receive an infringement notice you do not have to go to court. However, you have the option of going to court by electing the infringement. As a result, your matter will be determined by a court. You can ask the magistrate for a non conviction.

Court Attendance Notice Received

If you receive a court attendance notice, you must attend court.

Low Range PCA Penalty

If pleading guilty to the offence, a magistrate can issue a fine of up to $2,200, and disqualify your licence for a maximum of 6 months, or a minimum of 3 months.

However, it’s possible to avoid a conviction if you receive a conditional release order.

If you receive an infringement notice, you will receive a fine and your licence will be suspended for 3 months.

We can help

Our traffic lawyers are committed to providing you with first class legal representation and advice.

Special Range PCA

Special Range PCA refers to a blood alcohol reading above 0.02 and up to 0.049. It can only be committed by:

A provisional driver (P1 or P2), or
A person driving without a valid licence. For example, a suspended or disqualified driver.

Will I lose my licence for special range drink driving?

If it is a first offence, police can suspend your licence on the spot for 3 months. In addition, you’ll receive a fine. It is possible to appeal this suspension.

If police don’t suspend your licence, the RMS will send you a letter advising you that your licence will be suspended for a period of 3 months. Again, it is possible to appeal this suspension.

Will I have to go to court?

The police have an option of issuing you an infringement notice or a court attendance notice for the offence.

You only need to attend court if you receive a court attendance notice.

Infringement Notice Received

Court Attendance Notice Received

If you receive a court attendance notice, you must attend court.

Special Range PCA Penalty

If pleading guilty to the offence, a magistrate can issue a fine of up to $2,200, and disqualify your licence for a maximum of 6 months, or a minimum of 3 months. However, it’s possible to avoid a conviction if you receive a conditional release order.

If you receive an infringement notice, you will receive a fine and your licence will be suspended for 3 months.

We can help

We can help you:

Defend the charge
Negotiate the facts with police
Appeal your licence suspension
Or, if pleading guilty, we can help you to prepare a strong subjective case in order to seek leniency from the court and avoid losing your licence.

Special Range PCA Read More »

Novice Range PCA

Novice Range PCA refers to a blood alcohol reading above 0.00 and up to 0.019. It can only be committed by:

A provisional driver (P1 or P2), or
A person driving without a valid licence. For example, a suspended or disqualified driver.

Will I lose my licence for novice range drink driving?

If it is a first offence, police can suspend your licence on the spot for 3 months. In addition, you’ll receive a fine. It is possible to appeal this suspension.

If police don’t suspend your licence, the RMS will send you a letter advising you that your licence will be suspended for a period of 3 months. Again, it is possible to appeal this suspension.

Will I have to go to court?

The police have an option of issuing you an infringement notice or a court attendance notice for the offence. You only need to attend court if you receive a court attendance notice.

Infringement Notice Received

Court Attendance Notice Received

If you receive a court attendance notice, you must attend court.

Novice Range PCA Penalty

If you receive an infringement notice, you will receive a fine and your licence will be suspended for 3 months.

We can help

Our lawyers are experts in representing offenders charged with drink driving.

Behave in an Offensive Manner

Behave in an offensive manner covers a wide range of conduct, which could result in a criminal conviction. We’ve provided more information on this charge below.

Can I avoid a criminal record for Behaving in an Offensive Manner?

Yes, it is possible to avoid a conviction for offensive conduct. However, the likelihood of this outcome depends on the circumstances of the offence, the seriousness and your subjective circumstances.

Most offenders will receive a fine or Conditional Release Order.

Will I go to jail?

The maximum penalty is a fine of $660 or 3 months imprisonment. In other words, it is possible to go to jail. However, this only applies to serious examples of this offence.

Generally, most offenders will not go to jail.

Examples of Behaving in an Offensive Manner

Examples of offensive conduct can include:

Yelling
Swearing
Urinating
An aggressive or rowdy group
Pushing and shoving

However, what is “offensive” depends on community standards. You should obtain legal advice before pleading guilty to this offence.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

Behaved in an offensive manner
In, near or within view of hearing from a public place or school

Therefore, you will be found not guilty if the prosecution is unable to prove these elements.

We can help

Our lawyers are here to help you obtain the best possible outcome.

Demanding Property with Intent to Steal

Demanding property with intent to steal carries a maximum penalty of imprisonment. Therefore, it’s a serious offence.

As a result, being charged can feel overwhelming. However, our lawyers are with you every step of the way.

Will I go to jail for Demanding Property with an Intention to Steal?

The maximum penalty is 10 years imprisonment in NSW. However, the penalty increases to 14 years if the offence is committed ‘in company’. In other words, the offence occurred with another person.

Therefore, jail is possible. However, the court will consider a range of sentencing options, including an Intensive Correction Order. The sentence you receive will depend on a number of factors. These include the seriousness of the offence, your criminal history and your subjective circumstances.

For less serious offences, the court may consider a Community Correction Order.

Can I avoid a criminal record for Demanding Property with an Intention to Steal?

This is a serious criminal offence. Therefore, a conviction is likely. However, in rare circumstances you could receive a Conditional Release Order without conviction.

In deciding your sentence, the court will consider a number of factors. For example, these include:

The seriousness of the charge
Your criminal history
Any rehabilitation you have completed
Your subjective circumstances

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

With menaces or by force,
Demands property from a person
With the intention to steal that property

Therefore, you will be found not guilty if the prosecution is unable to prove these elements.

We can help

Our experienced criminal lawyers regularly appear in criminal cases throughout Newcastle, Sydney and New South Wales. We are committed to your result. In addition, we will ensure you’re informed and consulted every step of the way.

Aggravated Break and Enter

Being charged with a serious offence such as aggravated break and enter, can feel overwhelming. You need to feel confident in your legal representation. Our trust criminal lawyers are with you every step of the way. We are committed to your result.

Will I go to jail for Aggravated Breaking and Entering?

The maximum penalty is 20 years imprisonment in NSW. However, if the offence occurs in special circumstances of aggravation, the maximum penalty increases to 25 years imprisonment.

Therefore, jail is likely. However, there are alternatives to jail such as an intensive corrections order. This will depend on the seriousness of the offence and your subjective circumstances. If the offence is not aggravated, you may be charged with break and enter instead.

Can I avoid a criminal record?

No, the court will impose a conviction. This is because the charge is very serious.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

Broke something in order to gain access to a building or premises, and
Entered that building or premises, and
Committed any serious indictable offence, and
The offence occurred in circumstances of aggravation OR in special circumstances of aggravation

Therefore, you will be found not guilty if the prosecution is unable to prove these elements.

A break and enter charge will apply if there are no aggravating circumstances.

What are ‘circumstances of aggravation’?

Circumstances of aggravation include:

If you inflict actual bodily harm
If you have a weapon
You use corporal violence
Being in the company of another person
If you deprive someone of their liberty

What are ‘special circumstances of aggravation’?

Special circumstances of aggravation means that there is a special feature of the offending which makes it more serious. This includes:

If you wound or maliciously inflict grievous bodily harm’ on another person, and/or
If you had a dangerous weapon.

We can help

Our experienced criminal lawyers are committed to your case.

Break and Enter

Our criminal lawyers are committed to helping you obtain the best possible outcome for your break and enter charge.

Can I avoid a criminal record?

A conviction for this charge is likely.

A community correction order is a common sentence for first time offenders. However, each case is unique. Therefore, you should obtain legal advice to get a more accurate sentence range for your charge.

Will I go to jail for breaking and entering?

The maximum penalty is 14 years imprisonment in NSW.

Therefore, it is possible to go to jail. However, whether you will be sentenced to jail depends on the seriousness of the offence and your subjective circumstances.

In addition, you may be charged with an aggravated offence. This is a more serious charge. Therefore, the likelihood of jail is higher. :

Break and Enter Definition

The prosecution must prove beyond reasonable doubt that you:

Broke something in order to gain access to a building or premises, and
Entered that building or premises, and
Committed any serious indictable offence.

Therefore, you will be found not guilty if the prosecution is unable to prove these elements.

What is a ‘serious indictable offence?’

A criminal offence that carries a maximum penalty of 5 years imprisonment or more.

We can help

We can help you fight the charge, if you feel you have been wrongfully charged. Alternatively, we can help you negotiate with police before you plead guilty, or make representations to have the charge withdrawn.

Armed with Intent to Commit Indictable Offence

If you’ve been charged with armed with intent to commit indictable offence, our experienced criminal lawyers are committed to your result.

Penalty for armed with intent

The maximum penalty is 7 years imprisonment. Therefore, it is a serious offence.

Can I avoid a criminal record for armed with intent to commit an indictable offence?

A conviction is likely. In addition, there is a risk of serving a term of imprisonment, due to the serious nature of this charge.

Most first time offenders will receive a community corrections order.

Will I go to jail for armed with intent?

It is possible to go to jail. However, it is only likely for serious examples of this offence, or for offenders with lengthy criminal records. Before sentencing you to full time jail a court will also consider imposing an intensive corrections order.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

Were armed with a weapon or an instrument, and
Without lawful excuse, and
Had an intention to, or was committing, an indictable offence.

Therefore, you will be found not guilty if the prosecution is unable to prove these elements, or you can establish that you acted in self-defence, under duress or out of necessity.

We can help

Our commitment is to ensure you receive the best possible outcome. In addition, we will ensure you are informed and consulted each step of the way.

Traffic Law

Will I have to go to court?

Will I lose my licence for High Range Drink Driving?

Will I go to jail?

High Range PCA Penalty

First Offence

Second or Subsequent Offence

Can I appeal my licence suspension issued by police?

How long will high range drink driving stay on my record for?

How long will a drink driving conviction stay on my record?

We can help

We're here to help

Will I have to go to court?

Will I lose my licence for mid range drink driving?

Will I go to jail?

Mid Range PCA Penalty

First Offence

Second or Subsequent Offence

Can I appeal my licence suspension issued by police?

How long will a drink driving conviction stay on my record?

We can help

We're here to help

Will I lose my licence for low range drink driving?

Will I have to go to court?

Infringement Notice Received

Court Attendance Notice Received

Low Range PCA Penalty

We can help

We're here to help

Will I lose my licence for special range drink driving?

Will I have to go to court?

Infringement Notice Received

Court Attendance Notice Received

Special Range PCA Penalty

We can help

Will I lose my licence for novice range drink driving?

Will I have to go to court?

Infringement Notice Received

Court Attendance Notice Received

Novice Range PCA Penalty

We can help

We're here to help

Can I avoid a criminal record for Behaving in an Offensive Manner?

Will I go to jail?

Examples of Behaving in an Offensive Manner

If I defend the charge, what must be proved?

We can help

We're here to help

Will I go to jail for Demanding Property with an Intention to Steal?

Can I avoid a criminal record for Demanding Property with an Intention to Steal?

If I defend the charge, what must be proved?

We can help

We're here to help

Will I go to jail for Aggravated Breaking and Entering?

Can I avoid a criminal record?

If I defend the charge, what must be proved?

What are ‘circumstances of aggravation’?

What are ‘special circumstances of aggravation’?

We can help

We're here to help

Can I avoid a criminal record?

Will I go to jail for breaking and entering?

Break and Enter Definition

What is a ‘serious indictable offence?’

We can help

We're here to help

Penalty for armed with intent

Can I avoid a criminal record for armed with intent to commit an indictable offence?

Will I go to jail for armed with intent?

If I defend the charge, what must be proved?

We can help

We're here to help