Duffy - DUI PCA Unregistered

DUFFY

Prosecution allegations

At about 12.20 am on 14 February Police were conducting a check of vehicle registration on Morphett Road, Dover Gardens. Checks revealed the registration of the vehicle to have expired on 27 September 2012.

Police then followed the vehicle along Folkes Road to the Mobil Service Station on the corner of Folkes Road and Brighton Road, South Brighton. Police saw the male pull into the service station walk towards the shop inside the service station, police saw male very unsteady on his feet and swaying back and forward he appeared to be staring at his feet.

He walked out of the service station and he was still very unsteady and swaying. Police then approached him and saw that the male was red in the face and had very watery eyes.

The male also smelt moderately of alcohol. Police then continued conversation with the male who spoke with slightly slurred speech. Police formed the opinion that the male was moderately affected by alcohol and had been driving a motor vehicle on a road whilst under the influence of intoxicating liquor.

Police had another conversation with the male who was now known to police as John Duffy and at this time saw that he was wearing his T-shirt inside out. Police then required the accused to submit to a breath analysis test and directed him not to take anything by way of mouth until such time as he had given a sample of his breath by means of a Breath Analysis test.

Police made arrangements via communications for BA test to be conducted at a meeting point of Brighton Rd, Hove. As a result the test was conducted at 2.26 am on the same date. The recorded blood alcohol reading of 0.203 gms/100ml of blood was registered.

Police then had a further conversation with John and as a result John was reported for Driving Under the Influence of Alcohol, drive with excess blood alcohol (DUI/PCA) and Drive an unregistered motor vehicle on a road. John was then arrested in relation to outstanding warrants and conveyed to the Sturt watch house where he was charged and placed in custody of the charge Sergeant.

EDUCATIONAL USE ONLY

SOUTH AUSTRALIA

/ COMPLAINT
Magistrates Court of South Australia

Summary Procedure Act, 1921
Sections 49 / Court Use
date filed
Complainant
Name:...THE UNDERSIGNED MEMBER OF THE POLICE FORCE
AddressADELAIDE CRIMINAL JUSTICE SECTION
Defendant
Name: DUFFY, John
Address21 Smith Street, Brighton
Offence details
1.The Complaint of a Member of the Police Force of Adelaide this 10th day of March 2012 who states that John Duffy on the 14th day of February 2012 at South Brighton:
Drove a vehicle, namely a motor vehicle, on a road, namely Folkes Road while under the influence of intoxicating liquor as to be incapable of exercising effective control of the vehicle.
Section 47A of the Road Traffic Act 1961.
2.On the 14th February 2012 at South Brighton drove a motor vehicle on a road, namely Folkes Road, while there was present in his blood the prescribed concentration of alcohol.It was further alleged that the prescribed concentration of alcohol was .203 grams in a hundred millilitres of blood.
Section 47B of the Road Traffic Act, 1961.
3.On 14th February 2012 at South Brighton drove a motor vehicle on a road, namely Folkes Road, while registration of that motor vehicle was not in force.
Section 9(1) of the Motor Vehicles Act, 1959.
......
DateComplainantWitness
(Registrar, Deputy Registrar or Justice of the Peace)
(Not required if Complainant is a Public Authority)

Road Traffic Act 1961

47—Driving under the influence

(1) A person must not—

(a) drive a vehicle; or

(b) attempt to put a vehicle in motion,

while so much under the influence of intoxicating liquor or a drug as to be incapable of exercising effective control of the vehicle.

Penalty:

(a) if the vehicle concerned was a motor vehicle—

(i) for a first offence—

(A) a fine of not less than $1 100 and not more than $1600; or

(B) imprisonment for not more than 3months; and

(ii) for a subsequent offence—

(A) a fine of not less than $1900 and not more than $2900; or

(B) imprisonment for not more than 6months;

(b) if the vehicle concerned was not a motor vehicle—$500.

(2) For the purposes of subsection(1), a person is incapable ofexercising effective control of a vehicle if, owing to the influence of intoxicating liquor or a drug, the use of any mental or physical faculty of that person is lost or appreciably impaired.

(3) Where a court convicts a person of an offence against subsection(1) in which the vehicle concerned was a motor vehicle, the following provisions apply:

(a) the court must order that the person be disqualified from holding or obtaining a driver's licence—

(i) in the case of a first offence—for such period, being not less than twelve months as the court thinks fit; or

(ii) in the case of a subsequent offence—for such period, being not less than three years, as the court thinks fit;

(b) the disqualification prescribed by paragraph(a) cannot be reduced or mitigated in any way or be substituted by any other penalty or sentence unless, in the case of a first offence, the court is satisfied, by evidence given on oath, that the offence is trifling, in which case it may order a period of disqualification that is less than the prescribed minimum period but not less than one month;

(d) if the person is the holder of a driver's licence—the disqualification operates to cancel the licence as from the commencement of the period of disqualification;

(e) the court may, if it thinks fit to do so, order that conditions imposed by section 81A or 81AB of the Motor Vehicles Act1959 on any driver's licence issued to the person after the period of disqualification be effective for a period greater than the period prescribed by that section.

(4) In determining whether an offence is a first or subsequent offence for the purposes of this section, any previous drink driving offence or drug driving offence for which the defendant has been convicted will be taken into account, but only if the previous offence was committed within the prescribed period immediately preceding the date on which the offence under consideration was committed.

47B—Driving while having prescribed concentration of alcohol in blood

(1) A person must not—

(a) drive a motor vehicle; or

(b) attempt to put a motor vehicle in motion,

while there is present in his or her blood the prescribed concentration ofalcohol as defined in section47A.

Penalty:

(a) for a first offence—

(i) being a category 1 offence—$1 100;

(ii) being a category 2 offence—a fine of not less than $900 and not more than $1300;

(iii) being a category 3 offence—a fine of not less than $1100 and not more than $1600;

(b) for a second offence—

(i) being a category 1 offence—$1 100;

(ii) being a category 2 offence—a fine of not less than $1100 and not more than $1600;

(iii) being a category 3 offence—a fine of not less than $1600 and not more than $2400;

(i) being a category 1 offence—$1 100;

(ii) being a category 2 offence—a fine of not less than $1500 and not more than $2200;

(iii) being a category 3 offence—a fine of not less than $1900 and not more than $2900.

(3) Where a court convicts a person of an offence against subsection(1), the following provisions apply:

(a) the court must order that the person be disqualified from holding or obtaining a driver's licence—

(i) in the case of a first offence—

(AA) being a category 1 offence—for such period, being not less than 3months, as the court thinks fit;

(A) being a category 2 offence—for such period, being not less than 6 months, as the court thinks fit;

(B) being a category 3 offence—for such period, being not less than 12 months, as the court thinks fit;

(ii) in the case of a second offence—

(A) being a category 1 offence—for such period, being not less than 6 months, as the court thinks fit;

(B) being a category 2 offence—for such period, being not less than 12 months, as the court thinks fit;

(iii) in the case of a third offence—

(A) being a category 1 offence—for such period, being not less than 9 months, as the court thinks fit;

(B) being a category 2 offence—for such period, being not less than 2 years, as the court thinks fit;

(iv) in the case of a subsequent offence—

(A) being a category 1 offence—for such period, being not less than 12 months, as the court thinks fit;

(B) being a category 2 offence—for such period, being not less than 2 years, as the court thinks fit;

(d) if the person is the holder of a driver's licence—the disqualification operates to cancel the licence as from the commencement of the period of disqualification;

(4) In determining whether an offence is a first, second, third or subsequent offence for the purposes of this section (other than subsection(5)), any previous drinkdriving offence or drug driving offence for which the defendant has been convicted will be taken into account, but only if the previous offence was committed within the prescribed period immediately preceding the date on which the offence under consideration was committed.

(5) If a person aged 16 years or more is alleged to have committed a category 1 offence that is a first offence, the person cannot be prosecuted for that offence unless he or she has been given an expiation notice under the Expiation of Offences Act1996 in respect of the offence and allowed the opportunity to expiate the offence in accordance with that Act.

(6) In determining whether a category 1 offence is a first offence for the purposes of subsection(5), any previous drink driving offence or drug driving offence for which the defendant has been convicted or that the defendant has expiated will be taken into account, but only if the previous offence was committed or alleged to have been committed within the prescribed period immediately preceding the date on which the offence under consideration was allegedly committed.

Motor Vehicles Act 1959

9—Duty to register

(1) A person must not drive an unregistered motor vehicle, or cause an unregistered motor

vehicle to stand, on a road.

(1a) However, subsection (1) does not apply to a person who drives a motor vehicle other

than a heavy vehicle, or causes such a motor vehicle to stand, if the person proves that

he or she—

(a) drove the motor vehicle, or caused the motor vehicle to stand, in prescribed

circumstances; and

(b) did not know that the motor vehicle was unregistered.

(1b) For the purposes of subsection (1a), a person may prove a matter referred to in that

subsection by furnishing to the Commissioner of Police a statutory declaration in

accordance with any requirements prescribed by the regulations.

(1c) If a charge of an offence against subsection (1) involves a motor vehicle other than a

heavy vehicle and the defendant was not a registered owner or the registered operator

of the vehicle, it is a defence to the charge if the defendant proves that he or she did

not know, and could not reasonably be expected to have known, that the vehicle was unregistered.

(2) It is a defence to a charge of an offence against subsection (1) involving a heavy

vehicle to prove, in a case where the registration of the motor vehicle was not in force

by reason of suspension and the defendant was not a registered owner or the registered

operator of the vehicle, that—

(a) a registration label was affixed to the vehicle indicating that the vehicle was

registered; and

(b) the defendant did not know, and could not reasonably be expected to have

known, that the registration of the vehicle was suspended.

(3) If an unregistered motor vehicle is driven or found standing on a road, the owner of

the vehicle is guilty of an offence.

Maximum penalty: $2 500.