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Can I Get a Section 10 For A Mid-Range PCA?

What is Mid-Range PCA?

Mid-Range drink driving occurs when a person drives or attempts to drive a vehicle with a blood alcohol concentration between 0.08 and 0.149.

The penalties that can be imposed by the Court are as follows;

For a first-time offender:

  • A maximum fine of $2,200
  • A minimum disqualification of 3 months and maximum being 6 months
  • Interlock order imposed for 12 months
  • Maximum term of imprisonment is 9 month

For a subsequent offender:

  • A maximum fine of $3,300
  • Minimum disqualification for 6 months and maximum is 9 months
  • Interlock order imposed for 24 months
  • Maximum term of imprisonment of 12 months

Are Section 10’s Possible For A Mid-Range PCA?

Mid-range drink driving is a serious offence. It is a criminal offence that carries a criminal conviction. A non-conviction for this offence is very rarely imposed unless there are extenuating circumstances in your matter.

When deciding whether to impose a section 10 dismissal or a section 10 conditional release order, the court must have regard to the following factors:

  • The person’s character, antecedents, age, health and mental condition;
  • The trivial nature of the offence;
  • The extenuating circumstances in which the offence was committed;
  • Any other matter that the court thinks proper to consider.

Real Case Study – Section 10 For 0.115 At Parramatta Local Court

Our specialised criminal and traffic team appeared at Parramatta Local Court on behalf of our 55-year-old client. He had no previous criminal record and had a driving record that detailed a few traffic offences.

On the day of his offence, our client was with his partner at home consuming alcohol. They received a phone call from the paramedics advising them that our client’s partner’s mother had passed away in her home. Our client promptly arranged for funeral service to attend his partner’s mother’s home, however someone needed to be at the deceased’s home to unlock the door and lead the funeral service to the deceased body.

Our client and his partner had no other family members living in Australia and our client in a state of hesitation was required to drive to the home and unlock the door for the funeral service. Upon his drive back home, he was subject to a random breath test and had a reading of 0.115. He came to us distraught about this offence and facing a criminal conviction for this offence.

Our team thoroughly prepared for his matter and assisted with collation of his subjective material, prepared submissions and appeared on his behalf at Parramatta Local Court.

The Magistrate put on record that our client’s circumstances were unique, and the Magistrate was persuaded by our submissions. Our client was afforded a section 10 with a Conditional Release Order.

This meant that a criminal conviction was not recorded and faced no suspension period. He is only required to be of good behaviour for a period of 2 years.

Our client and his partner were overwhelmed with the outcome achieved.

Speak to one of our specialised criminal law solicitors today to discuss your matter and prospects of obtaining a section 10.

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