Archive for the ‘Traffic’ Category

STRICTER PENALTIES FOR HIGH RANGE DRINK DRIVERS

The Mandatory Alcohol Interlock Program came into effect on 1 February 2015.

On conviction the Court imposes a Licence disqualification ranging from a minimum of 6 months to a maximum of 9 months. This is followed by an Interlock period of 24 months.

Interlocks are electronic breath testing devices linked to a vehicle’s ignition system. It prevents the vehicle from starting if any alcohol is detected (zero tolerance).

The driver pays all the installation & leasing costs for the device. This can run into thousands of dollars.

The aim of the Program is to reduce road deaths & injuries.

More information can be obtained at http://www.rms.nsw.gov.au/…/drug-alc…/interlock-program.html

GUIDE TO SENTENCING IN THE LOCAL COURT

All Court proceedings for criminal offences start with Police issuing a Court Attendance Notice (CAN).

An Accused should be given information (particulars) about the alleged offence to decide whether to plead guilty or to defend the matter.

If the Accused pleads guilty, the Prosecutor hands the Court a Facts Sheet describing the offence. The Facts Sheet must be checked for accuracy by the Accused or their Solicitor as the Court hands down its Sentence based on its contents.

The Prosecutor also hands up a record of any previous criminal convictions. In traffic related matters the Accused’s traffic history is also handed up.

The Solicitor then puts forward any character references & expert reports & addresses the Court to mitigage (lessen) the penalty. For example, the Solicitor may explain the hardship that will be caused to an Accused by the loss of their Licence.

3 MUST KNOWS OF BLOOD ALCOHOL LIMITS

NSW has 3 blood alcohol limits:-

  • Zero applies to all learner drivers, all Provisional 1 drivers & all Provisional 2 drivers.
  • 0.02 applies to drivers of vehicles of ‘gross vehicle mass’ greater than 13.9 tonnes, drivers of vehicles carrying dangerous goods & drivers of public vehicles such as taxi or bus drivers.
  • 0.05 applies to all other licences not subject to a 0.02 or zero limit.

NB Breath testing devices in pubs & clubs cannot be relied upon in Court. Only Police testing devices are considered accurate.