Driving with a High-Range Prescribed Concentration of Alcohol is also known as High-Range Drink Driving and is an offence under Section 110 of the Road Transport Act 2013 (NSW).
To establish the offence, the prosecution must prove beyond reasonable doubt that:
If it is your first major traffic offence in the past 5 years the maximum penalty is:
Alternatively, the court can ‘exempt’ you from the interlock requirement and impose:
If it is your second or more major traffic offence in the past 5 years the maximum penalty is:
Alternatively, the court can ‘exempt’ you from the interlock requirement and impose:
However, there will be no criminal record, licence disqualification or fine where the court deals with you by way of:
A defence to the charge is that you made an ‘honest and reasonable mistake of fact’ which means you honestly believed on reasonable grounds that you did not have a prescribed concentration of alcohol in your system.
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