An Outline of the New Penalties for Mid-range Drink Driving in NSW

 

It is reported that a 60-year-old woman in Melbourne has allegedly been caught drink driving when her car ended up getting stuck in a Melbourne train track on Friday.

At about mid-night last Friday, the 60-year-old woman allegedly lost control of her car whilst in a train station car park before getting stuck on the train tracks at Essendon Station.

To make matters worse, as her vehicle was stuck in the train tracks whilst inside the vehicle, a train was approaching.

Luckily, the woman walked away both alive and without injuries as the train was able to come to an immediate stop, only just short of colliding into her vehicle.

The incident undoubtedly caused major delays for commuters as trains were as a result suspended while the vehicle was being moved away from the tracks.

The 60-year-old woman was subsequently arrested and taken to the police station where she allegedly returned a 0.105 BAC reading.

As a result, her driver licence was immediately suspended.

Sergeant Tim Fletcher said, “Dangerous and drink driving affects the wider community and it’s incredibly lucky that no one was injured in this incident.”

Libby Murphy, from Road Policing Command Assistant Commissioner has requested that motorists think before they act, especially as numerous drivers travel to regional locations for festivals and the Lunar new year’s celebrations.

She said, “There may be the perception among some people that you can drink or take illicit drugs before jumping into the driver’s seat, but it’s this over-confidence and ignorance that can change lives forever”.

For expert advice on drink driving offences, contact our drink driving lawyers in Sydney today for a free discussion.

An Outline of the New Penalties for Mid-range Drink Driving in NSW

In NSW, the mid-range blood alcohol concentration reading (BAC) is 0.08, and less than 0.15g- which refers to the concentration of alcohol in every 210litres of breath or 100ml of blood.

Anyone who has this range of BAC reading whilst driving a motor vehicle in NSW will be committing the crime of mid-range drink driving under section 110(4) Road Transport Act 2013 (NSW).

Mid-range drink driving has heavy penalties, disqualification periods and fines, which vary depending on whether it’s a first or second drink driving offence.

A first-time drink driving offence is when if you have not been convicted of a major offence, including drink driving, within the last five years from when you are convicted in court for your current mid-range drink driving offence.

Otherwise, you will be considered by the law as a second or subsequent drink driving offender, carrying heavier penalties.

First-time Mid-range Drink Driving Penalties

First time drink driver’s for mid-range drink driving will face a driver licence disqualification period between 3 to 6 months before the minimum interlock device period commences for a period of 1-year thereafter. Further penalties for this include a maximum of 9-months jail or $2,200, or both.

If a first-time mid-range drink driver becomes exempt by the court from participating in the otherwise mandatory interlock device program, he/she will face a 1-year automatic driver licence disqualification period (which can be reduced by the court at its discretion to a minimum of 6-months).

Second-time Mid-range Drink Driving Penalties

Second or subsequent drink driver’s for mid-range drink driving will face a driver licence disqualification period between 6 to 9 months before the minimum interlock device period commences for a period of 2-years thereafter. Further penalties for this include a maximum of 12-months jail or $3,300, or both.

If a second-time mid-range drink driver becomes exempt by the court from participating in the otherwise mandatory interlock device program, he/she will face a 3-years automatic drive licence disqualification period (which can be reduced by the court at its discretion to a minimum of 1-year).

Click here for an outline on how a mid-range drink driver can be exempt from the interlock device program in NSW.

Section 212 Road Transport Act 2013 (NSW) expresses the circumstances in which a mid-range drink driver can be exempt from the mandatory interlock device program.

About Jimmy Singh

Mr. Jimmy Singh is the Principal Lawyer at Criminal Defence Lawyers Australia - Leading Criminal Lawyers in Sydney, Delivering Exceptional Results in all Australian Criminal Courts.

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