Have you been charged with Consume Intoxicating Liquor While Driving?
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What does it mean to be charged with consuming intoxicating liquor while driving?
Section 49B of the Road Safety Act (βRSAβ) makes it an offence for a person to consume intoxicating liquor while driving a motor vehicle or while in charge of a motor vehicle.
This offence is designed to prevent any immediate consumption of alcohol while operating or being responsible for a vehicle, addressing a potential risk to road safety by prohibiting the act of drinking alcohol while engaged in driving activities.
This offence does not result in disqualification of license.
What Must the Prosecution Prove?
To successfully convict someone of an offence under Section 49B, the prosecution must prove the following elements beyond a reasonable doubt:
- You consumed intoxicating liquor (i.e., any beverage that contains alcohol) while driving a motor vehicle or while in charge of a motor vehicle.
- At the time of consumption, the defendant was either driving the motor vehicle or was in charge of the motor vehicle.
This includes having control or responsibility for the vehicle, even if the vehicle is not in motion.
Under subsection (2), a person is only considered to be “in charge” of a motor vehicle if they fall under the definitions provided in Section 3AA(1)(a), (b), or (c) of the Act. These sections outline specific circumstances where a person is deemed to be in charge of a vehicle (e.g., sitting in the driver’s seat, in possession of the ignition key, etc.).
Penalties for consuming intoxicating liquor while driving or being in charge of a motor vehicle:
The offence of consuming intoxicating liquor while driving or being in charge of a motor vehicle carries a penalty of 10 penalty units.
Where will my case be heard?
Consuming intoxicating liquor while driving cases will be heard will be heard in theΒ Magistrates Court.
Factors and defences to consider:
- Were you driving while consuming an alcohol drink?
- Was the car stationary or moving while you were drinking?
- Were you βin chargeβ of the vehicle according to law? Or were you a passenger?
- Do you have any previous convictions of a similar nature to this offence?
- What were the surrounding circumstances of this offence?
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St Kilda, Victoria 3182
1800 130 120
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I found myself again before the magistrates court for an indictable offence, I was worried about receiving a jail sentence because of my age and h... Read MoreI found myself again before the magistrates court for an indictable offence, I was worried about receiving a jail sentence because of my age and history, but once I spoke to Jasmin Dhillon and the MK Law team, all my worries were taken away! Jasmin took the time to explain to me the process and kept me informed every step of the way, she has a deep understanding of the law and a genuine heartfelt commitment to achieving the best possible outcome for her clients. Thanks to her hard work and expertise, we achieved a no conviction outcome which has enabled me to continue working hard and pursue my dream career! I am forever grateful for their service and would highly recommend the MK Law team to anyone in need of legal assistance, they are truly dedicated and one of a kind in their field. Read Less55/5
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Thanks Marcus Denning for being with me from start to end and to give me a fantastic outcome from my trial..πππππππππFi... Read MoreThanks Marcus Denning for being with me from start to end and to give me a fantastic outcome from my trial..πππππππππFirst time getting charged, didn't know what to do. I was like a fish out of water. Started to research some law firms and mk law popped did some background checks and found good info about the firm. So I stuck with them and i don't regret nothing about my experience with mk law..... Read Less55/5
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I am jagmohan truely grateful and thankful for Jasmin Dhillon from MK Law who did an exceptional job on my case. She is highly skilled, talented ... Read MoreI am jagmohan truely grateful and thankful for Jasmin Dhillon from MK Law who did an exceptional job on my case. She is highly skilled, talented and amazing at what she does. I could not have asked for anymore. I was nervous at first, but Jasmin made me feel at ease and confident going into my case. If I ever have any issues in the future, I will confidently go with Jasmin Dhillon . And thank you to the exceptional MK Law team. Read Less55/5
What happens next?
If you have been charged with consuming intoxicating liquor while driving under Section 49B, it is essential to seek legal representation promptly. Contacting MK Law will provide you with expert guidance through the legal process, starting with your required court appearance, where you can enter your plea. Your lawyer will thoroughly review the evidence against you, develop a defence strategy, and explore potential mitigating factors if you are found guilty.
Whether you choose to plead guilty or not guilty, having experienced legal counsel is crucial to protecting your rights and navigating the complexities of your case. Donβt hesitate to reach out to MK Law on 1800 130 120 for a consultation to discuss your situation and determine the best course of action.
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- 1800 130 120
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