Combined high range PCA and prescribed illicit drug
Road Transport Act 2013 (NSW) s 111A(1)
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For advice about your matter, speak to Hanna Legal on (02) 9268 0444.
This page is sourced to the Act and section shown below and has been reviewed by Hanna Legal. It explains the law in general terms and does not tell you what to do in your own matter, and it does not create a lawyer–client relationship. Always confirm the current law and speak to Hanna Legal about your situation.
What it is, in plain English
A person drives a motor vehicle (or occupies the driving seat and attempts to put it in motion), or supervises a learner driver, while both the high range concentration of alcohol and a prescribed illicit drug are present.
What the police must prove (the elements)
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.
- You drove a motor vehicle, or occupied the driving seat of a motor vehicle and attempted to put the motor vehicle in motion, or (if you held a full licence) supervised a learner driver who was driving
- The high range prescribed concentration of alcohol (0.15 or more) was present in your breath or blood
- A prescribed illicit drug (THC (cannabis), methylamphetamine, MDMA or cocaine) was also present in your oral fluid, blood or urine
Which court & maximum penalty
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: 50 penalty units ($5,500) or 2 years imprisonment. Second or subsequent: 100 penalty units ($11,000) or 2 years imprisonment. Automatic disqualification 4 years (minimum 18 months) first offence; 6 years (minimum 3 years) second or subsequent (s 205). A mandatory alcohol interlock order normally applies.
Time limits
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.
Read the law
Opens the official NSW legislation website. Court Pilot's summary is a guide only — confirm against the in-force text.