PPRuNe Forums - View Single Post - Drink driving - anyone gone pro with a DUI charge under their belt?
Old 1st Sep 2008, 01:44
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Monopole
 
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I maybe wrong, again, but I think D.U.I. is a criminal offence and P.C.A. is a driving offence
In New South Wales, there are effectively five categories of prescribed concentration of alcohol (PCA) offences. Novice range PCA means a concentration of less than 0.012 grams of alcohol in 100mls of blood. This category usually applies to holders of learner or provisional licenses. Special range PCA means a concentration of between 0.02 grams and 0.05 grams. This category includes a variety of license holders including persons who have had licenses suspended or cancelled and persons driving a vehicle on a professional basis. Low range PCA means a concentration between 0.05 and 0.08 grams of alcohol. Middle range PCA refers to a concentration 0.08 and 0.15 grams of alcohol. High range PCA refers to a concentration of more than 0.15 grams of alcohol.

Each category of PCA offence carries a specific penalty. While the recent guideline judgment refers specifically to high range offences, offenders should realise that the Court may refer to the guideline when sentencing an accused for the other categories of offence.

The guideline judgment states that a person who commences to consume alcohol outside of his or her home must appreciate that they run the risk of reaching a level of intoxication at which it is a criminal offence to drive a motor vehicle. The Court also notes that as more alcohol is consumed, both the risk and potential seriousness of the offence increases. This consideration is relevant to the level of culpability in PCA offences.
I read this as DUI/PCA not being a traffic violation but a criminal one (in NSW at least which the original poster seems to live).

But IJ is right, it wont effect your ASIC claim and nor will several other more serious criminal (traffic related) offenses.
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