Charged with special-range PCA in NSW.

The legislative source.

"Special range" is 0.02 grams or more, but less than 0.05 grams of alcohol in 210 litres of breath or 100 millilitres of blood (s 108 definitions). The offence applies only to drivers who are subject to a no-alcohol limit at the time of the test. The most common categories are: learner drivers (where the reading exceeds the 0.02 novice threshold but stays below 0.05), provisional drivers in the same band, drivers of buses and taxis while operating a passenger service, and drivers of certain heavy vehicles.

For a first special-range PCA, NSW Police may issue an infringement notice instead of charging the matter. The driver has 28 days to elect to have the matter heard by a court. For a professional driver, the election decision is often the most significant decision in the matter because the licence condition that imposes the zero limit may also affect employment.

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 to a minimum of three months but cannot go below.

What the magistrates impose.

For a first special-range PCA with a strong subjective case, a section 10(1)(b) CRO without conviction is achievable. The CRO carries 6 to 12 months of good behaviour, no fine, and the driver keeps the licence. For a professional driver who depends on the licence, a section 10 outcome is often the practical difference between continuing employment and losing it.

Second offence.

Maximum penalty 30 penalty units ($3,300). Automatic disqualification 12 months, minimum six months. Section 10 outcomes are uncommon on a second special-range PCA.

Defences and arguments worth running.

The procedural defences in special-range PCA matters track the low-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. The honest-and-reasonable-mistake defence is occasionally available but is closely tested. Where the driver was not subject to a zero-alcohol limit at the relevant time (for example, a passenger-service driver who had finished a shift before the reading), the special-range charge does not apply at all; the matter may have been overcharged.

What we do for clients facing this charge.

For a professional driver, the first conversation is about employment. A section 10 outcome preserves the licence and, in most cases, allows continued employment subject to the operator's own rules. A conviction (whether by infringement or by court) will trigger the operator's disciplinary process and may end the employment regardless of the licence outcome.

For a learner or provisional driver, the section 10 application has the same logic as the novice-range case. Character references, a contrition statement, and Traffic Offender Intervention Program completion are the standard subjective case.

Where the matter is run defended, we look first at whether the driver was in fact subject to a no-alcohol limit at the time of the reading. If the limit did not apply, the special-range charge fails on its face, and at most a low-range alternative is available.

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 special-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 · special-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.