Charged with low-range PCA in NSW.

The legislative source.

"Low-range" is 0.05 grams or more, but less than 0.08 grams of alcohol in 210 litres of breath, or in 100 millilitres of blood (s 108 definitions). The reading is taken on the breath analysing instrument at the police station.

For a first low-range PCA, NSW Police may issue an infringement notice (a fine and an immediate three-month suspension) instead of charging the matter. The driver has 28 days to elect to have the matter heard by a court. The election is the first strategic decision in many of these matters.

Penalties and likely outcomes.

First offence.

Maximum penalty 20 penalty units ($2,200). Imprisonment is not available. Automatic disqualification six months; the court may reduce it to a minimum of three months but cannot go below.

What the magistrates actually impose.

For a first low-range PCA dealt with as a court matter, a section 10(1)(b) Conditional Release Order without conviction is a realistic target. The CRO carries a 6 to 12 month period of good behaviour, no fine, and the driver keeps the licence. The infringement notice route avoids the court but locks in the immediate suspension and a fine; where character or work consequences make the suspension significant, electing into court is usually the right call.

Second offence.

If the offence is your second major traffic offence within five years, the maximum rises to 30 penalty units ($3,300). Automatic disqualification 12 months, minimum six months. Section 10 is rarely available on the second offence; a CRO with conviction is the better target.

Defences and arguments worth running.

The procedural defences in low-range PCA matters track the mid-range regime. The two-hour rule and the home rule (Schedule 3 of the Road Transport Act 2013, clause 2(1)(e) for the home rule) operate where police did not comply with the testing prerequisites. Continuity of the breath sample and calibration of the analysing instrument are the other usual procedural challenges. A defended hearing on a low-range reading is uncommon because the financial exposure is low and a successful section 10 application removes the licence consequence. Where the defended path is run, it is usually on a procedural defect identified at the brief stage.

What we do for clients facing this charge.

The decision in a low-range PCA matter is rarely whether to plead. It is whether to elect into court at all, and if so, how to run the section 10 application. A section 10 application that succeeds saves the licence, the insurance loading, and the working-with-children check consequences. A section 10 application that fails costs no more than the infringement notice would have.

The application is built on character references, a contrition statement, evidence of remediation (Traffic Offender Intervention Program completion), and a clear submission against the section 10 factors. We prepare the application materials and appear at the plea.

What we tell clients on the first call.

The practical detail below is not legal advice for your matter. It is the version of the conversation the firm typically has with a client charged with low-range PCA in the first hour.

What evidence police usually rely on.

The breath-analysis reading at the police station, the certificate of analysis, and the officer's witness statement. The fact sheet is the source the prosecutor reads from at sentence. Mistakes in the two-hour rule or the home rule sometimes show up in those papers.

What to bring to the first consultation.

• The Court Attendance Notice (or charge sheet) and any bail papers.
• Anything police gave you in writing — fact sheet, certificate of analysis, search warrant copy, property seizure record.
• A short written timeline of the day, in your own words.
• Your driver licence and a list of current driving record points; a written timeline of the time you started and stopped drinking, and the time of the test.

Common mistakes in the first twenty-four hours.

• Talking to anyone other than your lawyer about the matter. Friends, family, co-accused and social media are not privileged.
• Deleting messages, photographs, posts or browser history. The trail left by deletion is often more damaging than what was there.
• Contacting the complainant or any prosecution witness, even through a third party.
• Discussing what you drank with anyone other than your lawyer. The fact sheet will pull from anything the officer heard.

What not to say to police without advice.

You must give your name and address. You do not have to answer anything else, and in most cases you should not. The standard answer is: “I do not wish to answer questions. I want to speak to my lawyer.” Section 89 of the Evidence Act 1995 (NSW) protects silence; the narrow section 89A exception applies only on indictable matters and only where a special caution has been given in the presence of an Australian lawyer.

The timeline you can expect.

From charge to first court appearance is typically two to six weeks in the Local Court and longer where the matter is indictable. The brief of evidence is served by the prosecutor on a date set at the first mention. From service of the brief to first reply is typically twenty-eight days. Defended hearings and committals are then listed weeks or months out depending on the court list.

When an early plea may or may not be appropriate.

An early plea attracts a sentencing discount of up to twenty-five per cent if entered at the first available opportunity, but it locks in a conviction. The firm does not advise an early plea before the brief is served and read. On a low or mid-range first-offence reading with strong character, a section 10 application is the realistic best outcome on the facts on the facts; an early plea preserves the maximum discount. On a high-range reading or a second offence, the section 10 path is narrow and the case for holding the plea is stronger.

Court-specific notes.

If the matter is listed at the Downing Centre, Parramatta, Penrith, Burwood, Manly, Newtown, Waverley, Hornsby or Sutherland Local Court, the firm appears in person. Wollongong Local Court matters are run from the firm's Wollongong office. ACT Magistrates Court and ACT Supreme Court matters are run from chambers; the firm appears in person at all ACT mentions.

Recent outcomes · low-range PCA matters.

Anonymised outcomes from the firm's matter set. Names, dates beyond the year, and identifying details have been altered or omitted to preserve client confidentiality. Each result was determined on the particular facts and is not a guarantee of any future outcome.

Frequently asked.