People Against Drink/Drug Driving

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!)

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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)

Important Date – Important Event – Important Petition: Making History. 

This year we celebrate the 30th anniversary of success of this campaign.

These efforts along with other People Against Drink/Drug Driving (P.A.D.D.) advocacy was the key to ushering in Random Breath Testing! Congratulations again, to P.A.D.D and their hardworking supporters for this job, well done!

View Original Petition

Alcohol takes a rapid toll on the brain, as most of us know, and caution is well warranted about what we choose to do while under its influence. What isn’t so well known is the hit our brains take much later, after the booze has left the system.

The latest research on the topic was a meta-analysis of several studies that examined brain impairment hours to a day after heavy drinking. With few exceptions, these studies showed that our cognitive abilities, like attention and memory, are debilitated even when alcohol in the blood is no longer measurable.

“Impaired performance in these abilities reflects poorer concentration and focus, decreased memory and reduced reaction times,” said lead study author Craig Gunn of the Department of Psychology at the University of Bath.

For complete story go to Longer than you think!

A Systematic Review of the Next‐Day Effects of Heavy Alcohol Consumption on Cognitive Performance August 2018 August 2018