Should you be driving?

Aussie drink-driving laws have similar penalties, but our BAC level is still at .05. This will be moved to .02 in the coming years.
Be safe for you, your family and the person you may injure because, you thought you were ‘ok to drive!’

SHOULD YOU BE DRIVING? DON'T DRINK AND DRIVE....EVER!

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People Against Drink/Drug Driving

padd logo imageImagine if you had to tell a family that their child was never coming home again...because a driver had a few too many drinks and they were too lazy to get a taxi? How would you feel if it was your child? Your brother, your parent, your best friend? Now imagine that you're the one who had a few drinks and thought...Home isn't too far. I'll make it without getting busted. While on the back streets worrying if the booze bus will catch you, you hit someone. How do you live with that for the rest of your life?

The Icelandic parliament Althingi unanimously approved new traffic laws. Decreases in blood alcohol levels are among the adopted changes.

The maximum permissible amount of blood alcohol concentration in a driver will be reduced from .05 to .02 BAC. It is stated that there is a definite policy of the authorities that alcohol and driving motor vehicles do not coincide.

Evidence shows that driving under the influence of alcohol is the second most common cause of fatal traffic accidents in Iceland after speeding. Studies also show that .05 blood alcohol concentration has a significant impact on the driving performance and increases the likelihood of accidents. A driver with a blood alcohol level of .05 is 150 times more likely to die in a traffic accident, and 30 times more likely to suffer serious injuries.

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THE licences of hundreds of boozy motorists have been suspended in the first eight months of the nation’s toughest drink-driving laws. An average of four Victorian drivers a day were caught with a blood alcohol reading between .05 and .069 in May to December last year, costing them their licence for at least three months. Under the crackdown, their cars were also fitted with alcohol Interlock devices and they were forced into behavioural change programs….A further 1714 drivers were caught with a blood alcohol reading between .07 and .15. 

June 14

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Copyright © 2019 News Pty Limited

Roads Minister Andrew Constance says NSW is taking a "zero-tolerance" approach to drink and drug-driving.

Anyone in NSW found drink-driving will immediately lose their licence for three months from May 20.

Anyone caught drink-driving in NSW can now lose their licence immediately under a tough new penalty regime that will also see offenders fined almost $600.

First time, low-range drink-drivers from May 20 can be slapped with an on-the-spot suspension of their licence for three months and a fine of $561.

"This means anyone caught drink-driving in NSW, at any level, including low-range, can now lose their licence immediately," the minister said in a statement on Monday.

"This reform makes it clear if you break the law, you will pay the price. We are taking a zero-tolerance approach to drink and drug driving."

Drivers found with drugs in their system will face the same penalties if the offence is confirmed by laboratory analysis.

Some 68 people died in alcohol-related crashes on NSW roads last year. Drug-driving resulted in a similar number of deaths.

Assistant Police Commissioner Michael Corboy said the reform would protect road users by ensuring swift and certain penalties.

(Dalgarno Institute – it is interesting that the notion of ‘zero-tolerance’ is panned universally by all pro-drug activists, even though it works far more than what people are led to believe, as it was with seat-belt, litter and even smoking laws… ‘Stick’ of penalty and ‘carrot’ of reward/assistance for changed behaviour do work… Well, except, we are told by pro-drug activists, with illicit drugs! Again, it is the ‘impaired’ that are dictating ‘policy and practice’???? We need to go back one step further to help people at least delay, if not deny, uptake of substances in the first place. It’s time to now incentivize demand reduction. This ‘zero-tolerance’ saves, lives, health, family, productivity and money ALL round! Best practice of ‘not using’ is the only BEST PRACTICE actively avoided in this space!)

For complete story

On 30 April 2018 the Victorian Government has cracked down on drink and drug driving by introducing tougher sentences for anyone convicted of a drink or drug driving offence. The relevant legislation contains mandatory minimum penalties which increase in severity depending on how far over the limit a driver is. The police can lay charges if a person’s blood alcohol concentration (BAC) or prescribed concentration of alcohol (PCA) exceeds the limit and they are tested within 3 hours of driving.

The mandatory laws require every driver found driving in excess of the limit to be disqualified from holding a licence. There are no exceptions, even for first time offenders. The minimum disqualification doubles for repeat offenders. 

The mandatory minimum disqualification period begins at a 6 months for a first time offender if they are between .05 and .10. The range then increases to a 10 month suspension after .10 which gets significantly higher and reaches a 24 month suspension once first-time offender is .24 over. These are mandatory minimum sentences, the magistrate or judges cannot give a lower penalty.

It might be tempting to not cooperate when the police pull you over, but that is also a criminal act under the law and comes with a penalty of a minimum $1,900 fine and a maximum 18 months imprisonment if you are a repeat offender alongside a mandatory 2 years off the road.

The police can suspend your licence without the Court’s consent if your BAC is over .10, if you refuse a breathalyser or if you have committed a similar offence in the last 10 years. This is called an “immediate suspension” and can only be removed in court. 

Since 2018, it is mandatory for the return of the licence of a convicted drink driver to be conditional on the installation of an alcohol interlock device. Another court date is required to remove the device. 

If you have been charged with such an offence and need legal assistance, please call Hutchinson Legal to speak with an experienced lawyer who can guide you through the drink driving legal process.

  

INSIGHT Autumn 2019 Newsletter – Hutchinson Legal (Printed with permission)

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