There are five categories of drink driving traffic offenses and these are high range, mid range, novice range, low range and special range. The categorization of the offense of drink driving is based on blood alcohol concentration or the prescribed content of alcohol present in the system of the arrested driver.
Novice range drink driving is considered a serious traffic offense in Australia. It should not be taken lightly by the arrested driver committing the same because when found guilty, there are consequences that will be imposed on him such as fines and license disqualification.
Novice range drink driving category covers those drivers holding a learner license or they are provisional license holder who recorded during their arrest blood alcohol content between 0.0 and 0.019. There is no penalty of imprisonment imposed for drivers convicted of novice range drink driving offense.
However, they will still suffer the penalty of fine which ranges from $1, 100 to $2, 000 and a license disqualification period of three to six months. The magistrate court judge may impose either the minimum or maximum period of license disqualification by taking into account the previous driving records of the convicted drink driver. In the hearing of the case, it matters a lot whether the novice range drink driving offense was committed for the first time or it was a second or subsequent commission of the offense. If the offense was a second or subsequent one, the license disqualification period that the magistrate court will impose is a minimum of six months to a maximum of 12 months.
The magistrate court may reduce the license disqualification period but only with good reasons. In making its finding that there is good reasons why the license disqualification period should be reduced, the court must be armed with facts and circumstances that there is a compelling reason to allow the convicted novice range drink driver keep his or her license.
If you are charged with drink driving offences and you have a previous proven offences, it is recommended that you seek legal assistance.
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.