Have you been charged with Consuming Intoxicating Liquor While Supervising Driving a Learner Driver?
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What does it mean to be charged with consuming intoxicating liquor while supervising driving?
Section 49C of the Road Safety Act 1986 (“CA”) makes it an offence for a person to consume intoxicating liquor while acting as a supervising driver for a learner driver. This provision aims to ensure that supervising drivers remain sober and able to effectively supervise and guide learner drivers, promoting road safety.
The police must demonstrate that:
The supervising driver was consuming intoxicating liquor. This can be evidenced by directly witnessing the consumption or finding an open container of alcohol in the vehicle when stopped, and;
They may conduct a preliminary breath test (PBT) to determine the blood alcohol concentration (BAC) of the supervising driver.
Preliminary Breath Test:
Before conducting a PBT, the police are required to wait 15 minutes. This waiting period allows any residual alcohol to dissipate, ensuring that the test reflects the driver’s actual BAC.
If the driver’s BAC is below the prescribed concentration of alcohol (PCA) limit, it may support their case against the charge of consuming alcohol while supervising.
If the reading is at or above the PCA limit, the driver may face additional drink-driving charges.
Impact on Driver’s Licence:
- Mandatory Licence Loss: Under section 50(6) of the RSA, mandatory licence loss provisions do not apply to this specific offence.
- Discretionary Loss: However, section 28 of the RSA allows for discretion regarding licence loss. This means that even if mandatory loss does not apply, the court could still choose to suspend or cancel a licence based on the circumstances of the case.
- Importance of Legal Representation: Engaging experienced traffic offence lawyers is crucial. They can help navigate the legal process, advocate for the driver, and potentially mitigate the risks of losing a licence.
What must the prosecution prove?
- You must be in a supervisory capacity for a learner driver, meaning you are responsible for overseeing the learner’s driving activities.
- The offence specifically relates to the act of consuming intoxicating liquor while in this supervisory role.
Penalties for consuming intoxicating liquor while supervising a learner driver:
The penalty for violating this section is set at 10 penalty units. The value of a penalty unit may vary by jurisdiction, so the monetary fine can differ accordingly.
Where will my case be heard?
It is unlikely this charge would result in a summons to appear in court.
If, however, a person is charged and summonsed to appear in court consuming intoxicating liquor while supervising a learner driver case will be heard will be heard in the Magistrates Court.
Factors and defences to consider:
- Were you in a supervisory role whilst consuming alcohol?
- What evidence did the police observe? An open alcoholic bottle etc?
- What result did the PBT record?
- Was the vehicle stationary or moving when you were drinking?
- What type of licence did the driver have during this offence?
- Did police follow the correct procedures in taking your BPT according to law?
- Do you have any previous convictions of a similar nature?
- What were the surrounding circumstances of this offence?
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What happens next?
If you have been charged with consuming intoxicating liquor while supervising a learner driver, 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. Don’t 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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