Offence of High Range PCA in NSW

High Range PCA is a serious offence contrary to section 110(5) Road Transport Act 2013 (NSW) which carries a maximum penalty of 18 months imprisonment and/or fines of up to $3,300.00 for a first offence or 24 months imprisonment and/or fines of up to $5,500.00 for second or subsequent offences.

According to Criminal Lawyers Parramatta | AMA Legal, “High range prescribed concentration of alcohol” means a concentration of 0.15 grams or more of alcohol in 210 litres of breath or 100 millilitres of blood.

Section 110(5) Road Transport Act 2013 (NSW) creates three separate offences:

Driving a motor vehicle with a high range PCA,
Occupying the driving seat of a motor vehicle and attempting to drive the vehicle with a high range PCA, and
Occupying the seat next to a learner driver with high range PCA while the learner driver is driving the vehicle.

Division 2, Schedule 3 Road Transport Act 2013 (NSW) empowers Police officers to require a person to submit to a breath test in accordance with the officer’s direction in circumstances 1, 2 or 3 above.

Criminal Lawyers Parramatta | AMA Legal explain that if a person fails a breath test and depending on the PCA reading and the person’s driver licence type, the Police may arrest the person without a warrant and take them to a Police station for the purposes of carrying out a breath analysis. At the Police station, the Police officer may require the person to submit to a breath analysis.

If the breath analysis returns a PCA reading of more than 0.15 then the Police will issue the person with a Court attendance notice charging them and issue an immediate licence suspension notice.

The Accused must attend Court on the date nominated on the Court attendance notice and have the matter dealt with according to law.

Disqualification and interlock periods for high range PCA

If the Local Court convicts the person, then the Court must also disqualify the person’s driving licence and impose an interlock period. The following periods apply:

	Minimum Disqualification period	Max Disqualification period	Interlock period
High range PCA (first

How Can Wrongful Death Be Proven?

If your family member has died in a car accident and is looking for compensation, you must prove that the other party is responsible for the death. You can look at several things when trying to prove wrongful death. These include causation, duty of care, and damages. You can also take into account the statute of limitations.

Negligence

If a loved one died due to someone else’s carelessness, you might have a wrongful death case. The surviving family members file this type of lawsuit against the at-fault party. Even though the legal system can be challenging, an experienced lawyer like a wrongful death attorney tampa fl can guide you.

When filing a wrongful death claim, you must prove that the other party’s actions caused your loved one to die. You must also show that they were negligent and contributed to the death.

Wrongful death can be caused by various factors, including medical malpractice, accidents, and workplace injuries. However, the most common cause of an unlawful death is negligence.

You must demonstrate that the negligent party acted irresponsibly and that this led to your loved one’s injuries or demise to establish negligence. It’s important to note that since the evidence must be credible, this kind of claim can be challenging to prove.

Breach of Duty of Care

If someone dies due to another party’s negligence, the defendant may be the target of a wrongful death lawsuit. To win the case, the plaintiff must prove that the wrongdoer’s action caused the wrongful death.

The definition of negligence is “a willful and wanton disregard for the safety of others.” Breach of duty of care refers to an act, not by the legal standards of care. This can result from several circumstances, including recklessness, carelessness, and malicious intent.

A driver owes it to others to keep from hurting them. To perform their duties, drivers abide by traffic laws, obey signs and signals, and take reasonable precautions while on the road.

Causation

If someone else’s negligence caused you to lose a loved one, you might be able to file a wrongful death lawsuit. This type … Read more

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Getting Help From a Pedestrian Accident Lawyer

If you have been injured in a pedestrian accident, you will want to get medical attention and find a good pedestrian accident lawyer to help you. You may be entitled to receive compensation for the physical injuries you sustained and for punitive damages as well.

Find a lawyer with a strong track record

When you find yourself in the unfortunate situation of being injured in a pedestrian accident, it’s important to seek out an experienced California pedestrian accident lawyer to help you get the compensation you deserve. These accidents can be devastating and can even lead to death.

If you are suffering from injuries caused by a pedestrian accident, it is imperative to get the medical care you need to heal. You may also have an opportunity to receive compensation for lost wages and ongoing care. But you don’t want to accept the first settlement offer you receive.

Pedestrians are vulnerable to the negligent actions of drivers, and accidents can be devastating. The National Highway Traffic Safety Administration (NHTSA) tracks pedestrian crashes across the country. They found that nearly 10 percent of all pedestrian crashes resulted in fatalities.

Fortunately, there are laws in place to protect pedestrians in New York. Those laws include a two-year statute of limitations on filing a lawsuit.

Get medical attention after the accident

If you’re a pedestrian and you’ve been injured in a car accident, you should seek medical attention right away. Getting care soon will prevent serious, even life-threatening, injuries. You can also use the services of an attorney to help you make a claim for compensation.

Pedestrians hit by cars often have to spend thousands of dollars in medical bills. Fortunately, their personal vehicle insurance may cover most of the cost. However, you should be aware that the insurance company may try to argue that you weren’t seriously injured in the crash.

While some injuries take hours to appear, you should get evaluated as quickly as possible. Injuries to your internal organs can be more serious if left untreated.

Pedestrians should also call 911 to report the accident. If you are unable … Read more

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How to Choose a Car Accident Attorney

Hiring a Car Accident Attorney is a wise decision, but do you know what your actions after a car accident will do to your claim? Your actions and decisions can determine whether you are awarded the maximum compensation you deserve. Read on to learn how to choose the right attorney. After all, your best interests are at stake. A qualified attorney will be able to guide you through the process, from initial consultation to court proceedings. Moreover, an experienced attorney will also have the best interest of your case at heart.

Car Accident Attorneys offer free consultations

It is important to hire a skilled and experienced Car Accident Attorney. While you may be tempted to settle with an insurance company’s representative, remember that they are not trying to help you. Your statements, whether written or oral, may be used against you in court. Contact an experienced attorney immediately after the accident to discuss your legal options. You may not need an attorney, or the damage to your car is minor and can be resolved on your own.

They are professional

Before hiring a car accident attorney, you should know about their experience and background. A car accident attorney will have faced the challenges of all types of accident claims and will have the necessary knowledge and skills to handle any case. You can also gauge their passion and drive by their demeanor. They may be confident, bursting with knowledge and eager to share their experience with you. They may even take joy in their victories. Here are some tips to hire a car accident attorney:

They are prompt

If you or a loved one has been involved in a car accident, you should seek medical attention right away. Although it is not always possible to get immediate medical care, you should try to go to the hospital for a checkup to make sure you haven’t suffered other injuries. Getting medical attention right away can help you recover faster and increase your chances of recovering benefits and damages. Additionally, prompt medical treatment is vital for establishing the causal relationship … Read more

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Motor Vehicle Accident Attorneys

If you’ve been in a car accident, you probably want to know how to get the maximum compensation you deserve. Here are some tips to help you get started. First, gather all of the information you need. This includes the insurance information of both drivers, the names of other vehicle occupants and witnesses, and any medical bills or miscellaneous expenses you incurred. Taking pictures of the accident scene is also highly recommended.

Car insurance companies

In the event of a car accident, your car insurance company might refuse to pay for your motor vehicle accident attorneys. You must be proactive and get the insurance company’s reasons in writing. However, there are ways you can fight back against an insurance company’s refusal to pay for a motor vehicle accident attorney. Here are some tips. First, write a letter to your insurer. Make sure you include as much detail as possible, and ask for a clarification of their position. For example, an insurer may argue that you did not give the insurer adequate notice of the accident, which jeopardized the investigation, and thus your claim.

Second, remember that certain types of accidents require you to contact your insurer within a certain time frame. Some insurers may not offer coverage after a certain period of time, which can range from five to ten days. If you fail to meet this time frame, your insurer may refuse to defend you or provide legal representation in court. If your car was at fault, don’t delay your notification of your insurer. Your insurance company may be required to reimburse you for the costs of your medical bills.

Negligence

If you have been in a motor vehicle accident caused by someone else’s negligence, you may be entitled to compensation for your injuries. Negligence claims are based on the duty of care owed to a victim. This duty of care may not be apparent, but it is the legal standard that will determine liability. A jury will determine the extent of negligence by applying the “Reasonable Man” standard to the circumstances.

If you or someone else in … Read more