Alcohol and Drug driving Flashcards
Novice PCA range? Section?
0.00 < 0.020 110 (1)
Who does Novice apply to?
L’s, P’s, Interlock, Not authorised to drive in NSW
Special Range? Section?
0.02<0.05. 110 (2)
Special range applies to who? Section?
107(2) L, P, Interlock Not authorised to drive NSW Public passenger HEavy vehicle Dangerous goods
Low range? Section?
0.05<0.080 110(3)
Mid Range + section?
0.080<0.150 110(4)
High range + section?
0.150 and above (110(5)
What does drive include?
TO be in control of steering
movement or
propulsion
Motor vehicle?
vehicle built to be propelled by a motor that makes up part of the vehicle.
What section has attempt provisions for PCA?
110
What does the attempt relate to?
Atempting to put the vehicle in motion.
What does PCA stand for?
Presecribed Concentration of Alcohol
Proofs of PCA?
- Drive MV, or,
- Occupy driver seat & attempt to put into - motion, or
- Occupy seat in MV next to learner who is driving.
Is road or road related an element? explain
No. However, it is required for RBT power so must be proved for a conviction.
What type of offence is PCA?
Strict Liability.
What is strict liability?
Does not require Mens Rea
What defence is available for PCA?
Honest and reasonable mistake of fact
What is H&RMoF also known as?
Proudman & Dayman
Explain Proudman & Dayman
If the facts as believed by the defendant were true the accused would have committed no offence and not some other offence than the one charged.
What will not found the defence?
an incorrect assumption as to the law. must be a mistake of fact.
DPP v Bone
If driver was unaware they had consumed alcohol, unless can prove they were subjectively aware.
How to prove subjectively aware in DPP v Bone?
OBservations, balance, speech etc, any obvious signs of intoxication, how they felt at time.
when is DPP v Bone often overcome?
During cross examination.
What sections relate to alternate verdicts?
110 (6) + (7) +(8).
