The following statistics have been obtained from the Judicial Commission and were accurate as at August 2010. The statistics show sentencing trends for this offence and are to be used as a guide only.
Regardless of how bad your traffic record is the court has a discretion whether to record a conviction against you for the offence. If the court decides not to record a conviction, you will not be disqualified from driving. Section 10 of the Crimes (Sentencing Procedure) Act allows a court that finds a person guilty of an offence the discretion not to impose a conviction against them.
If the court decides to convict you for the offence the court must disqualify you from driving for the minimum period set by the law. Similarly if a maximum period is set by law the court cannot impose a greater period.
The automatic period of disqualification is the period of disqualification that you can expect to receive unless you can show the court reasons why your licence should not be disqualified for this period.
The following penalties apply once the court decides that it intends to record a conviction against you for the offence:
1st major traffic offence
- A maximum fine of $2,200.00
- A maximum gaol term of 9 months
- An unlimited maximum disqualification period
- A minimum disqualification period of 6 months
- An automatic disqualification period of 12 months
2nd or subsequent major offence within 5 years
- A maximum fine of $3,300.00
- A maximum gaol term of 12 months
- An unlimited maximum disqualification period
- A minimum disqualification period of 12 months
- An automatic disqualification period of 3 years
- Breath Analsis takes place outside 2 hours
The police must prove that you had a blood alcohol concentration within this range at the time you were driving. Normally, the police are ale to prove this by tendering a certificate that is generated from the breath analysing instrument.
The law states that provided breath analysis occurs within 2 hours of the time of driving the reading on the certificate is deemed to be the reading at the time of driving. If the breath analysis does not occur within 2 hours of driving then it is possible that the court may either dismiss the offence or make a finding that your blood alcohol concentration is lower that what is recorded in the certificate.
The police must also establish that you were the driver of a motor vehicle on a public road. There has been some instances where the police do not actually see the accused driving on a public road, but believe they were driving and subject the accused to breath analysis.
- Breath test taken at your home
The police are not able to perform a breath test upon you once you have entered your usual place of abode. If the police do so, they are acting unlawfully and the subsequent breath analysis reading may be excluded leading to the dismissal of the offence.
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