Novice range PCA

A novice driver drives a motor vehicle (or occupies the driving seat and attempts to put it in motion) with the novice range concentration of alcohol present in their breath or blood.

For a person to be found guilty, the prosecution must prove each of these beyond reasonable doubt. If even one cannot be proved, the charge should fail.

1. You were a novice driver (a learner or provisional licence holder)
2. You drove a motor vehicle, or occupied the driving seat of a motor vehicle and attempted to put the motor vehicle in motion
3. The novice range prescribed concentration of alcohol (more than 0.00 and less than 0.02) was present in your breath or blood

This is a summary offence — it is finalised in the NSW Local Court by a judge. There is no committal, no jury and no election to the District Court.

Maximum penalty: First offence: 20 penalty units ($2,200), no imprisonment. Second or subsequent: 30 penalty units ($3,300), no imprisonment. Automatic disqualification 6 months (minimum 3 months) first offence; 12 months (minimum 6 months) second or subsequent (s 205). No alcohol interlock for a first offence; a mandatory alcohol interlock order applies to a second or subsequent offence. A first novice-, special- or low-range offence is often dealt with by a penalty notice and a 3-month suspension instead of court, unless you elect to go to court.

Summary offences in NSW must generally be started (a court attendance notice issued) within 6 months of the alleged offence, unless the relevant law sets a different period (Criminal Procedure Act 1986 (NSW) s 179). Some offences have their own time limit, so this is a guide only.

Opens the official NSW legislation website. Court Pilot's summary is a guide only — confirm against the in-force text.