The Novice-range PCA (Prescribed Concentration of Alcohol) charges are applied to drivers if it is found that the driver’s level of blood alcohol is between 0.00 and 0.02. If a P-Plate or L-Plate holder is caught driving a vehicle with any level of alcohol in his/her body, then charges will be applied to the driver and he/she will have to visit court. Some severe penalties can be implied which include a fine of $2,200 and a suspension of licence for 12-months. However, Sydney drink driving lawyers may help to dismiss the charges under Section 10.
Novice-range PCA: Defending the Charge
If you hold a P-Plate or L-Plate licence, you can be charged by police with PCA offences of Novice-range, even if you are not physically under the influence of alcohol. Your matter will be heard before a Local Court. If an experienced traffic lawyer represents your case, then there are chances that you will be treated leniently and less penalties will be imposed on you. On the other hand, in case of self-representation, the Court will not be lenient.
Challenge the Breath-test Results
When police impose Novice-level PCA offences on you, it means the crime you committed is driving with blood alcohol level above the specified limit (it is zero in this case). However, all blood alcohol levels are not exact and the levels may come down or go up over time. Moreover, a lot of time is consumed to visit a police station or an RBT for more testing. There are chances that alcohol level in your blood might be 0.00 while you began driving and just before breath test might have risen.
You hold all the rights to challenge the results of your breath-test. This may lead to reduced penalties or the dismissal of charges under Section 10. If it is your first offence, this result is more expected.
Some more defence options for PCA charges of Novice-range
There are many arguments which can act as the base for your defence:
- A reasonable and honest mistake: This is not easy to prove this but you can argue that the blood alcohol level in your body was 0.00 during the offence time.
- The 2-hour rule: You cannot be forced by police to take a breath test after 2 hours of driving a vehicle. In case you are tested but not driving for 2 hours, that evidence will not be considered in court.
- At home rule: You cannot be breath-tested by police when you are at home. If tested, the evidence will be inadmissible.
- Emergency: You might have driven over PCA because you had to respond, or faced, an emergency situation.
- Duress: The offence might be committed because someone else threatened and forced you to do so.
What you should show
- Offence’s Circumstances: During which time-frame, what food was consumed and what was the quantity of alcohol drunk.
- Your good character and traffic record.
- Other important considerations, such as how a criminal record or suspended licence will affect your life.