Australia Law
Have Australian law questions? Ask a lawyer now.
Connect one-on-one with {0} who will answer your question
Answered in 2 hours by:
5/29/2012
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 52,712
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
VerifiedGood Evening
(b) the absence of any viable alternative transport;
(c) sickness or infirmity of the offender or another person.
In New South Wales the Courts will not grant a section 10 no conviction for high range PCA.
You will be convicted and the courts will then consider whether it is appropriate to reduce the disqualification period to a minimum period which is 12 months.
Here is some information about what judges have to apply.
Recently, the New South Wales Court of Criminal Appeal handed down a guideline judgement that is to be followed by the courts in respect to High Range PCA. Set out below is the guidelines handed down by the court for this offence:
Firstly the court identified what a model or ordinary high range PCA case would involve. The court then made guidelines in respect to the ordinary or model case and cases that were more serious than the ordinary or model case.
Model or ordinary case of high range PCA
(1) In an ordinary case of an offence of high range PCA:
- an order under s 10 of the Sentencing Act will rarely be appropriate;
- a conviction cannot be avoided only because the offender has attended, or will attend, a driver education or awareness course;
- the automatic disqualification period will be appropriate unless there is a good reason to reduce the period of disqualification:
- a good reason may include:
(b) the absence of any viable alternative transport;
(c) sickness or infirmity of the offender or another person.
The Penalties are as follows:
1st major traffic offence
- A maximum fine of $3,300.00
- A maximum gaol term of 18 months
- An unlimited maximum disqualification period
- A minimum disqualification period of 12 months
- An automatic disqualification period of 3 years
Here is the link where the above information is from.
http://www.armstronglegal.com.au/web/page/high_range_pca
You will get a disqualification period.
I hope this is of assistance and if so please click on the accept button.
Good Evening
It will listen to it but it will not give it too much weight. You will be told by the Magistrate that they hear this from everyone.
You being 56 and I assume have a very long driving history you may be very very lucky and get a section 10. It is not recommended in the judgement that was handed down and I gave you earlier.
I would not want to give you false hopes. The best that any solicitor would give you is a 12 months disqualification.
I hope this is of assistance and if so please click on the accept button.
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 52,712
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
VerifiedLeon and 87 other Australia Law Specialists are ready to help you
How JustAnswer works
Describe your issueThe assistant will guide you
Chat 1:1 with a solicitorLicensed Experts are available 24/7
100% satisfaction guaranteeGet all the answers you need
Related Australia Law Questions
My friend, older gentleman, was overtaking a truck down the
My friend, older gentleman, was overtaking a truck down the Gap and was caught doing 100, due to the state of the roads, the speed limit was 60. He lives in Allora, a small country town and works in t… read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
I have got caught in drinking and driving case my court
I have got caught in drinking and driving case my court hearing is on 04th Aug … read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
My son has been arrested for drink driving fail to stop
My son has been arrested for drink driving fail to stop running a stop sign and mdma possession. He has mental health issues and didnt know the cops were behind him until he got home. He tends to blac… read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
I have been charged with DUI (low range), however it's my
Hi, my name's Karen and I have been charged with DUI (low range), however it's my 4th, and my 3rd in 5 years. Previous ones were high range. I also did not hav an interlock installed, something the po… read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
I have to appear in court for low range drink driving I was
I have to appear in court for low range drink driving I was 0.01 over , first offence I have been driving for 35 years … read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
June 2019 i got done DUI high range. was not entitled a work
Hi , June 2019 i got done DUI high range . was not entitled a work licence . June 2020 , got done for driving unlicence . will i be able to get a work licence this time … read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
Just wondering if it is worth getting legal representation
Hi just wondering if it is worth getting legal representation for a driving offence - … read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
I moved from QLD to NSW and 3 weeks ago trued to change my
Hi. I moved from QLD to NSW and 3 weeks ago trued to change my liscence. 3 weeks now they say there is a dispute to to when I received my liscence back after a suspension in the year 2015. They say th… read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
My partner has court on the 26th of this month for a traffic
Hi my partner has court on the 26th of this month for a traffic offense, he has a very poor trafficking history. I just need to know if we urgently need to seek legal advice or a lawyer. … read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
My partner got done with drink driving low-range a month
Hi my partner got done with drink driving low-range a month ago. His courtdate is this thursday but we were told it will be adjourned 2-3mnths. He spoke to a lawyer but was told he doesn't have to do … read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
I have recently been charged with mid range drink driving
Hello I have recently been charged with mid range drink driving and I am summoned to go to court this is my first offence and I want to know how I can apply for a licence to drive to work and my child… read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
Mate, and I got done dui this morning, I was just wondering
Hi mate, my name is ***** ***** I got done dui this morning, I was just wondering what sort of punishment I will be looking at? This is my second offence, my first was high range in 2017 and 2nd was m… read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
I have been charged with high range pca. It is my first offence
I have been charged with high range pca. It is my first offence and I have 20+ years driving record with maybe 3 or 4 speeding fines. I live remotely and have 2 children with medical needs requiring r… read more
Leon
Solicitor
Master's Degree
52,712 satisfied customers
My son lost his licence in March 2009 for four years (driving
My son lost his licence in March 2009 for four years (driving whilst disqualified) but can appeal in 2011 in March after 2 years of not having a license. He is moving back to his home town Norfolk Isl… read more
Leon
Solicitor
Master's Degree
52,712 satisfied customers
this is my 2nd drink/driving offence. my first was in July
this is my 2nd drink/driving offence. my first was in July 2008. my reading was 0.94 in Mossman, Far North Queensland. how long will I be disqualified for? I am a 54 year old single self employed woma… read more
Brisbane-Lawyer
Lawyer & Solicitor
Master
14,357 satisfied customers
I am a QLD resident and I just got picked up driving over the
I am a QLD resident and I just got picked up driving over the limit last night. I recorded a BAC of 0.081. The police officer said he was more than happy to say that I was co-operative on the charge s… read more
Advocate
Master's Degree
350 satisfied customers
I was caught drink driving last night with a reading of .19. I
I was caught drink driving last night with a reading of .19. I take anxiety medication which increases the affects of alcohol and I was also feeling unwell yesterday and had dioreah which may of contr… read more
Leon
Solicitor
Master's Degree
52,712 satisfied customers
I blew 0.075 for Drink Driving and would like to know how long
I blew 0.075 for Drink Driving and would like to know how long I would lose my licence for?… read more
Leon
Solicitor
Master's Degree
52,712 satisfied customers
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
JustAnswer in the News:
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
What Customers are Saying:
Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!
Edmond, OK
My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.
Redwood City, CA
I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.
Wichita, KS
PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.
Houston, TX
Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!
Atlanta, GA
It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.
Apopka, FL
Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.
Freshfield, Liverpool, UK
< Previous | Next >
Meet the Experts:
Sean
Experienced lawyer
855 satisfied customers
Law degree with 1st class honours from Australian National University.
Darren Kruse
Solicitor
16 satisfied customers
Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.
John Melis
Lawyer
35,824 satisfied customers
Family Law, Commercial Law, Property law, Probate & Wills, Employment Law, International Law, Criminal and Traffic Law, Litigation Tribunal & Courts
Leon
Solicitor
52,712 satisfied customers
BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Daniel
Solicitor
7,683 satisfied customers
Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
Patrick H.
Lawyer
5,422 satisfied customers
Dip Law LPAB - Sydney based lawyer
James D. Ford
Solicitor
1,600 satisfied customers
Lawyer | Founder & CEO at Blue Ocean Law Group
< Previous | Next >
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
