If you’ve been charged with mid range PCA, do not complete any paperwork or attend court without speaking to a specialist traffic lawyer. We can defend you in court to reduce the penalty you will face as well as your disqualification period. Our lawyers are Law Society Accredited Specialists in Traffic Law, which puts us in the top 6% of lawyers in NSW. Contact us now to see how we can help.
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The offence of mid-range PCA is committed by a person driving a vehicle on a public road with a blood alcohol concentration from 0.08 to 0.149.
Mid range drink driving is a serious offence. However, our lawyers have consistently been able to beat these charges and avoid convictions. You can view our recent results for mid-range drink driving cases at the bottom of this page.
| Fine | Imprisonment | Disqualification | Interlock |
|---|---|---|---|
| $2200 | 9 months | With interlock order: 6 months – can be reduced but not less than 3 months. Exempted from interlock: 12 months – can be reduced but not less than 6 months. | 12 month interlock condition on your licence |
| Fine | Imprisonment | Disqualification | Interlock |
|---|---|---|---|
| $3300 | 12 months | With interlock order: 9 months (can be reduced but not less than 6 months) Exempted from interlock: 3 years – can be reduced but not less than 12 months. | 24 month interlock condition on your licence |
Police will first administer a roadside breath test. Normally you speak into the device first and this gives an indication of whether there is any alcohol present in your breath. If that test is positive then you’ll be required to blow into a tube attached to the same device. This gives police an indicative reading. If that reading is above your limit you will be arrested for the purposes of a breath analysis.
Breath analysis devices are located in police stations and also RBT buses that are sometimes used in large drink driving operations. The result obtained from blowing into this device is legally deemed to be your reading at the time that you were driving. Once that test is completed you will given some paperwork and usually released from custody. Unlike offences of novice, special or low range PCA, police cannot issue a penalty notice for middle range PCA.
If you are issued with a court attendance for middle range PCA you will usually also receive an immediate police suspension notice. If you hold a NSW licence that means it is immediately suspended and you cannot drive. If you hold an international or interstate licence it means the authority to drive within NSW is suspended. The suspension is in place until your matter is finalised by a court.
If you are considering an appeal against an immediate police suspension you can read more here. Appeals against immediate police suspensions are less likely to be successful than other types of licence appeals. This is because the legal test is much higher. You need to prove to the court that there are exceptional circumstances why you should have your licence back. If your matter is going to be heard at court a successful appeal will only allow you to drive up until the matter is finalised at court. A court may still convict you and impose a period of disqualification following a successful appeal. If you do not appeal, then the court can take the period of suspension into account when setting a period of disqualification.
Unless a lawyer is appearing on your behalf you will need to attend court on the date listed on your court attendance notice. The first appearance at court for a middle range PCA charge is a mention date. It will most likely be in a busy list with many other people. Everyone’s court attendance notice says 9.30am so you may be there quite some time. At the mention date you can tell the court whether you would like to plead guilty, not guilty or seek an adjournment.
If you plead guilty you may be able to be sentenced on the same day. This is usually not advisable unless you are well prepared. If you plead not guilty you will be allocated a hearing date several weeks away. If you are considering pleading not guilty to a drink driving charge ensure you are aware of the defences to drink driving. You can also ask the court to adjourn your matter for a short time (usually two to four weeks) so that you can speak with a lawyer, obtain some references, and complete an approved traffic offenders program.
Mid range drink driving is a criminal offence and you will most likely receive a criminal conviction. A criminal conviction for middle range PCA will appear on your criminal record and in criminal background checks. There are generally only two ways in which you can a avoid a criminal conviction for middle range PCA. You can plead not guilty and have the matter dismissed if you are successful, or you can persuade the court to deal with the matter by finding you guilty but not recording a conviction.
If you are convicted of middle range PCA you will serve an initial period of disqualification, followed by a period where you are subject to an interlock order. An interlock order means you can only drive a vehicle fitted with an interlock device for a certain period of time.
Some of the requirements of the interlock program include:
If you do not comply with the interlock order then you will automatically receive a five-year driver licence disqualification.
An interlock exemption order is an order which allows a person to avoid the interlock program if they can prove:
An application for an interlock exemption order must be made at the sentencing proceedings. It is important to note that this will also increase the applicable disqualification periods.
Statistics from the New South Wales Judicial Commission show that over a recent four year period over 80% of people charged with middle range PCA were convicted. Less than 20% did not have a conviction recorded. Middle range PCA is viewed as a serious offence and avoiding a conviction is rare.
In sentencing for mid range drink driving in NSW, Section 10 of the Crimes (Sentencing Procedure) Act 1999 is the most common way of avoiding a criminal conviction and disqualification.
If you are dealt with in this way, then the Court will not record a conviction and you will be able to drive again. However, this outcome is very rare and requires thorough preparation and advocacy by your drink driving lawyer to persuade a Magistrate or Judge to extend leniency.
Over a recent four year period on about 2% of drivers charged with high range PCA received sentences of imprisonment. Where it was a second offence within a five year period about 25% were sentenced to some form of imprisonment.
When determining your matter, the Magistrate will read the court attendance notice, police facts sheet, and any material you bring to court. They will also listen to anything that you or your lawyer wish to tell the court. These are called submissions. It is important to ensure that your matter is well prepared. In a busy court there is only limited time for each matter. You need to be able to draw the courts attention to all the relevant considerations quickly. References need to be formatted, addressed and drafted correctly. It is also important that you complete a traffic offenders program.
Astor Legal are led by an accredited specialist in criminal & traffic law which places us in the top 6% of lawyers in Australia. All of our lawyers are experienced in drink driving matters. We know the systems and processes and have an exceptional record of avoiding convictions for mid range drink driving. Our lawyers will work with you to prepare your matter and then represent you at court. Contact us today on (02) 7804 2823 or by emailing us at info@astorlegal.com.au.
Astor Legal appeared at Mudgee Local Court for a lady charged with Middle Range Drink Driving (0.140 reading) and Drive While Suspended.
Our client was a 48-year-old military veteran who has been through a significant amount of trauma in her life. During her time with the military she developed Post-Traumatic Stress Disorder, Depression and Alcohol Dependency.
These conditions were exacerbated when she was involved in a relationship where she was the victim of severe domestic violence. As a result she was obtaining treatment from a number of clinicians including psychiatrists, domestic violence workers and counsellors.
On the day when she was stopped by Police, she was subject to a medical licence suspension. She was unable to make her way to an appointment with her domestic violence counsellor and so made an unfortunate decision to get behind the wheel.
Prior to Court, our team prepared a significant amount of material to explain the difficulties she had been through and steps she was taking to correct her behaviour.
After reading the material and hearing our submissions, the Magistrate indicated that in the circumstances, he was minded to grant a Section 32 Application.
This means that our client will have no criminal record and no disqualification period.
Our client was stopped at a random breath testing site shortly after midday. He had been drinking the previous night and then had one beer during the day. His partner and young child were also in the car. His reading was 0.081. He was charged with mid range PCA and his licence was suspended immediately.
At the time of being stopped our client was on the way to the hospital as his child was quite ill. His wife was not a confident driver and so believing that he was under the limit, he chose to drive.
After thorough preparation we persuaded the Magistrate that he should be placed on a conditional release order without a conviction being recorded.
Last week Astor Legal appeared at Sutherland Local Court on behalf of our 39-year-old client. Our client was a member of the Australian Navy and had served for over 20 years.
In the lead-up to the offence, he had spent 3 years on a Navy ship, away from his family. Upon his return, he was only able to stay with them for a short period of time before he was offered a promotion – however, this required him to undertake an intensive course and spend a further 3 months away from his family.
Unfortunately, the combination of these factors culminated in him suffering from mental health issues and a lapse in judgement. He had consumed a number of alcoholic drinks one evening and then chose to get behind the wheel.
He was stopped by police due to a random breath test (RBT). Following this he registered a blood alcohol reading of 0.116. He was charged with mid-range PCA and faced a lengthy disqualification period.
He came to us after being told by a number of other drink driving lawyers that a criminal conviction and disqualification period was inevitable given the high reading.
Our Sutherland Criminal Lawyers took a different view.
We immediately got to work obtaining character references from the Navy and our client’s wife. These set out that he had been bestowed with the Australia Day Medallion – a very rare honour. They also set out his need for a licence and need to be conviction-free. We also had our client complete a traffic offenders program and prepare an apology letter.
At Sutherland Local Court we made submissions seeking a conditional release order without conviction.
Despite the Magistrate noting the high reading and making clear that she would usually record a conviction, Her Honour was persuaded to sentence him pursuant to Section 10 for Mid-Range Drink Driving.
This meant that he did not suffer any disqualification period and no criminal conviction was recorded. Our client and his colleagues were overjoyed with the result.
Our Client is a 32 year old man who was caught with an 0.099 blood alcohol reading through a random breath test. He was subsequently charged with driving with mid-range PCA.
He came to us distraught at the thought of facing a lengthy disqualification period, which would mean he would have to close his delivery business.
We obtained character references from his friends and family setting out his need for a licence. We also obtained medical documents which highlighted that he was seeking help for his alcohol use. Further, we assisted him in preparing an apology letter to the court and complete a traffic offenders program.
Our criminal lawyers in Parramatta appeared at Parramatta Local Court and made submissions seeking a conditional release order without conviction.
Despite the Police seeking a conviction and disqualification, the Magistrate ultimately was persuaded that our client had a strong need for a licence and was engaging in rehabilitation. His Honour recorded a 12-month conditional release order with no conviction.
Our client was overjoyed that he could continue to take care of his family without a conviction or disqualification hanging over his head.
Our client is a young doctor who was caught with a 0.08 blood alcohol reading after being stopped for a random breath test. He was subsequently charged with driving with mid-range PCA.
In the Local Court he instructed another firm to appear for him. He was convicted and given six month disqualification at Downing Centre Local Court.
Not happy with his representation or the outcome, he came to us after filing a severity appeal.
We assessed his case and explained how to get a Section 10 for drink driving.
This involved obtaining character references from his colleagues and family setting out his need for a licence. We also provided our client with our apology letter guide and had him prepare an updated and stronger apology letter which addressed a number of factors that were not covered in his initial letter.
Our criminal lawyers in Sydney appeared at Sydney District Court and made submissions in support of a Section 10 non-conviction order. In addition to our client’s need to be on call and attend the hospital at short notice and at odd hours, we set out that he had already spent almost 4 months off the road waiting for the appeal to be heard.
Despite strong opposition from the prosecution, we were able to persuade the court to allow the appeal.
Our client was ultimately re-sentenced to a conditional release order for six months, allowing him to start driving again and ensuring his criminal record remains clear.
Astor Legal recently appeared at Sutherland Local Court on behalf of our 62-year-old client.
Our client had attended a wine tasting the night before where he consumed a number of alcoholic drinks. He consumed a further two glasses of wine with dinner. The next morning he woke up and drove to work. Unfortunately, his blood alcohol level was still quite high.
He was stopped by police due to a random breath test (RBT). Following this he registered a blood alcohol reading of 0.081. He was charged with mid range drink driving and faced a lengthy disqualification period.
He came to us after being told by a number of other drink driving lawyers that a criminal conviction and disqualification period was inevitable. We took a different view.
We immediately got to work obtaining character references from our client’s employer and his wife, setting out his need for a licence and need to be conviction free. We also had our client complete a traffic offenders program and prepare an apology letter.
At Sutherland Local Court we made submissions seeking a conditional release order without conviction. Despite the prosecutor opposing this, the Magistrate was persuaded by our submissions. His Honour chose not to record a conviction against our client. This also meant that he did not suffer any disqualification period.
Astor Legal recently appeared for a 54-year-old mechanic who was charged with ‘drive with mid-range PCA‘. Our client was the owner of a workshop and employed a number of people. As such, he did not have a very strong need for a licence as there were other employees who could fulfil driving obligations.
Initially our client engaged another law firm. He came to us after they did not appear for him at Parramatta Local Court and he was convicted in his absence. Following this he came to us to undo the conviction.
We filed an annulment application on his behalf setting out what had occurred in an affidavit as well as emails his previous lawyers had sent him confirming their error.
After succeeding in the annulment application we proceeded to sentence and sought a non-conviction. By the time the sentencing proceedings were listed, our client had spent close to 2 months with his licence suspended.
In Court we tendered a significant number of material, including character references and community awards his business received. Importantly, we also tendered evidence that our client had donated over $20,000 to various charities in the last year.
Ultimately, despite our client’s high reading, the Magistrate chose to adjourn the case so that our client would have spent 3 months suspended. When the case returned to Court, despite the prosecution seeking a conviction, our client was sentenced to a conditional release order without conviction.
As a result, he maintains a clean criminal record.
Last week Astor Legal appeared for a 27 year old truck driver who was charged with ‘drive with mid-range PCA‘. Our client had been through a tumultuous few months leading up to the offence.
His family were in India and were in the midst of a third wave of the COVID pandemic. He was the only member of his family in Australia and had been working as a truck driver to provide for his family.
Shortly before the incident he suffered an injury at work that required him to undergo foot surgery. He had been placed on a return to work plan through his workers compensation scheme but was unable to walk long distances as his foot was in a brace. He was also reliant on crutches.
Our client was due to return to work within a month of his appearance at Blacktown Local Court. As the minimum disqualification for mid-range drink driving is 3 months on the interlock program and 6 months without the interlock program, our client would have been unable to work.
We prepared the case meticulously by having our client complete a number of sessions with an alcohol rehabilitation program and obtained numerous character references setting out his need to drive for work. We also had evidence of his foot surgery and the difficulties he would have without a licence.
Ultimately, the Magistrate was persuaded by our submissions in Court. Despite the prosecution seeking a conviction, our client was sentenced to a conditional release order without conviction and is now able to drive again. He also has the benefit of a clean criminal record.
Astor Legal appeared at Nyngan Local Court for a 37-year-old livestock manager who lived in rural Victoria.
As part of his job he was required to travel to farms throughout both regional NSW and Victoria. Often he would need to stay overnight.
On one such occasion, he consumed 10 standard drinks in the form of beer and scotch the night before a job. The next morning he woke up and drove to a farm he was required to inspect.
On the way there he was stopped by an RBT and blew 0.128. He was arrested and charged with mid-range drink driving.
After being told by a number of other firms that he had no prospect of avoiding a conviction, he contacted our office for representation.
We took a different view.
Immediately we got to work and assisted our client in obtaining character references from his employer and work colleagues that confirmed his licence was essential to his job. They also detailed that he would travel approximately 120,000km per year.
We then obtained a reference from his wife who detailed that they has a 5 month old daughter who he was required to care for and take to medical appointments. The nearest paediatrician was over an hour away from them.
He also prepared an apology letter to the Court based on our in-house guide detailing what he had learned from the Traffic Offenders Program.
In Court, we made detailed submissions seeking a non-conviction order.
The magistrate indicated that it would be very unusual to deal with this matter by way of a non-conviction. Despite this – and over strong objections from the prosecutor – we were able to persuade the Magistrate to not convict our client.
Our client was released on an 6 month conditional release order, which means there is no conviction, no fine and no loss of licence.
He and his family were overjoyed with the result.
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