Is Mid Range PCA a criminal offence?

Is Mid Range PCA a criminal offence?

Mid range PCA is considered a serious offence and unlike other driving offences, the police cannot simply issue you a fine. However, if you have not been previously convicted of a similar offence, it is unlikely you will receive a prison sentence.

What does mid range PCA mean?

The offence of mid-range PCA is committed by a person who drives a motor vehicle on a public road with a blood alcohol concentration from 0.08 to 0.149.

What is a PCA conviction?

A drink driving charge can be: a ‘prescribed concentration of alcohol’ (PCA) offence. a ‘driving under the influence’ (DUI) offence. refusing or failing to give a breath analysis or blood sample, and. dangerous driving involving alcohol.

What is a Section 10 A?

What is a Section 10 order? “Section 10” refers to section 10 of the Crimes (Sentencing Procedure) Act 1999. A Section 10 allows a Court to find you guilty of an offence, but to discharge the matter without recording a conviction. This means that you will not receive a criminal record for that offence.

Do you automatically get banned for drink driving?

Is a driving ban definite for drink driving? Yes. Drink driving is a criminal offence that carries an obligatory driving disqualification of a minimum period of 12 months as laid out by the Road Traffic Offenders Act 1988 section 34(1).

What are five things a magistrate will consider when sentencing or considering an application for a Section 10?

The Court will consider the following when deciding if a Section 10 is appropriate:

  • Your age, character, criminal history, health & mental condition.
  • The nature of the offence, including whether it is trivial.
  • The extenuating circumstances in which the offence was committed.

What is the penalty for mid range drink driving in NSW?

The offence of mid-range PCA is committed by a person who drives a motor vehicle on a public road with a blood alcohol concentration from 0.08 to 0.149. If a person is convicted by a court of this offence the maximum penalty for a first offender is imprisonment for 9 months and a fine of 20 penalty units.

What is a PCA charge?

A drink driving charge can be: a ‘prescribed concentration of alcohol’ (PCA) offence. a ‘driving under the influence’ (DUI) offence. refusing or failing to give a breath or blood sample for analysis, and. dangerous driving involving alcohol.

What is the offence of mid range PCA?

The offence of Mid-Range PCA is committed by a driver who drives a motor vehicle with a blood alcohol concentration above 0.08 and below 0.149. The concern for most drivers charged with a Mid-Range PCA offence is that they will lose their licence and be unable to meet their work and family commitments as a result.

What’s the difference between special range and low range PCA?

Special Range PCA offences carry with them the same penalties as Novice Range PCA offences (see above). A Low Range PCA is an offence that relates to drivers with a BAc of more than 0.05 and less than 0.08. Low Range PCA offences carry with them the same penalties as Novice and Special Range PCA offences (see above).

Can a person be charged with a PCA offence?

Although this is not the most serious form of drink driving, as it’s name suggests, being charged with a mid range PCA offence is still dealt with seriously and carrying heavy penalties.

Do you really need a criminal lawyer for mid range PCA?

(ACT) Do I Really Need a Criminal Lawyer? What Can I Do To Get The Best Result? The offence of mid-range PCA is committed by a person who drives a motor vehicle on a public road with a blood alcohol concentration from 0.08 to 0.149.