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: 

  1. Driving a motor vehicle with a high range PCA, 
  2. Occupying the driving seat of a motor vehicle and attempting to drive the vehicle with a high range PCA, and 
  3. 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
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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

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.

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