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DRIVING & TRAFFIC OFFENCES

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Drink Driving & Drug Driving.

Section 49(1) of the Road Safety Act 1986 deals with the offences of Drink Driving and Drug Driving, including Driving Under the Influence of Drugs or Alcohol, and Driving Whilst Impaired by a Drug.

Penalties can vary depending on whether it is your first or subsequence offence within the last ten years.

These offences carry mandatory minimum licence suspension or disqualification periods. Magistrates have NO discretion to reduce this mandatory minimum unless it is a drug driving offence whereby a person had a valid Medicinal Cannabis prescription prior to the offence, and used Cannabis in accordance with medical directions.

While these penalties carry a mandatory minimum loss of licence, a Magistrate has a discretion to increase the period of licence loss if there are aggravating factors involved such as speeding, or repeated past offending.

PROOF, PENALTIES & DEFENCES.

Drink Driving.

The prosecutor has to prove that within 3 hrs of driving a motor vehicle your blood alcohol level (BAC) was over .05, and that the BAC was not due solely to consuming alcohol after you were driving.

Defences:

  • that the BAC was due solely to consuming alcohol after you were driving or in charge of a vehicle;
  • you were not in charge of or driving a vehicle;
  • you not were requested to undergo a preliminary breath test;
  • the police did not request that you accompany them to get a sample of breath;
  • the sample was provided within 3 hours of driving.

Penalties – S49(1)(f) Road Safety Act:

  • 1st offence: Maximum fine $4,000 + 6 mo loss of licence if first offence within a 10 year period;
  • 2nd offence: Maximum fine $9,600 or up to 6 months jail + 12 mo loss of licence if second offence within a 10 year period–
  • You be required to fit an alcohol interlock to your vehicle prior to being able to drive;
  • You will be required to have zero BAC for 3 years.

Drug Driving.

The prosecutor has to prove that within 3 hours of driving a motor vehicle, that you had an illicit drug in your oral fluid (under s55E) after being analysed by a qualified analyst; and was not solely due to the consumption of the drug after driving the vehicle.

Defences:

  • that there was no illicit drug in your oral fluid or blood;
  • that correct procedures were not followed;
  • that the drug was taken after you drove the vehicle;
  • you had an honest reasonable belief that there was no drug in your oral fluid or blood.

Penalties – S49(1)(i) Road Safety Act:

  • 1st offence: Maximum fine $1,982 (12pu) + licence disqualification 6 months;
  • 2nd offence: Maximum fine $9,913 (60pu) + licence disqualification 1 year;
  • 3rd offence: Maximum fine $19,826 (120pu) + licence disqualification 1 year;
  • You need to apply for a Licence Eligibility Order from the court after the period of disqualification;
  • You will need to complete intensive drug driver program;
  • You will be required to have zero BAC for 3 years.

Driving Whilst Impaired By A Drug.

The prosecutor has to prove that you drove a motor vehicle and at that time you were impaired by a drug.

Defences:

  • that you were not impaired by a drug;
  • that correct procedures were not followed to assess whether you were impaired by a drug;
  • that the drug was taken after you drove the vehicle.

Penalties – S49(1)(ba) Road Safety Act:

  • 1st offence: Maximum fine $1,982 (12pu) + licence disqualification 1 year 
  • 2nd offence: Maximum fine $19,826 (120pu) or up to 12 months jail + licence disqualification 2 years 
  • 3rd offence: Maximum fine $29,739 (180pu) or up to 18 months jail + licence disqualification 2 years;
  • You need to apply for an Licence Eligibility Order from the court after the period of disqualification.

Driving Under The Influence Of Alcohol Or Drugs.

The prosecutor must prove that you were driving a motor vehicle and were incapable of controlling the vehicle due to the presence of alcohol or drugs.

Defences:

  • that you were not under the influence of alcohol or drugs;
  • that correct procedures were not followed to assess if you were under the influence of alcohol or drugs;
  • that the alcohol or drug was taken after you drove the vehicle.

Penalties – S49(1)(a) Road Safety Act:

  • 1st offence: Maximum fine $4,130 (25pu) or up to 3 months jail + licence disqualification 2 years;
  • 2nd offence: Maximum fine $19,826 (120pu) or up to 12 months jail + licence disqualification 4 years;
  • 3rd offence: Maximum fine $29,739 (180pu) or up to 18 months jail + licence disqualification 4 years;
  • If a drug you need to apply for an Licence Eligibility Order from the court after the period of disqualification;
  • If alcohol, you be required to fit an alcohol interlock to your vehicle prior to being able to drive.

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