Drink Driving

[D4D]

Interesting...

Prosecutor James Tierney accused the couple of concocting a story so Allcorn could keep his driver's licence - which he needed to keep his job.

He said there would be a conflict about who turned the car on - but it didn't matter because Allcorn was in the driver's seat and had "control" of the vehicle.

But defence lawyer Peter Maley said, under the relevant Territory legislation, Allcorn had to physically start the car to be found guilty of the crime.

Magistrate Michael Carey agreed, saying there was "inconsistency" between two definitions - with only one including the word "control" - in the legislation.


http://www.ntnews.com.au/article/2013/01/08/316501_ntnews.html

[Kangaron]

Can see a Crown appeal coming real quick  on that one.

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[Bird]

Can see a Crown appeal coming real quick  on that one.

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sounds like the bloke in USA this week that got off Rape for some law from 1892 that said its not illegal to impersonate the persons partner..
http://muckrack.com/link/H7EZ/court-overturns-rape-conviction-because-1872-law-says-unmarried-women-cant-get-raped

[krisandkev]

The following is from today’s local newspaper, Fraser Coast Chronicle. You will see why the courts are no deterrent for habitual offenders!

A MAN has received a prison sentence for drink driving in Hervey Bay.
Troy John Fletcher, 40, pleaded guilty to three offences in Hervey Bay Magistrates Court, including drink driving, obstructing police and public nuisance.
"It is plainly obvious you and alcohol don't mix," said Magistrate Graeme Tatnell, who has sentenced Fletcher numerous times in the past for similar alcohol-related offences.
Finally, Mr Tatnell had enough, and ordered a prison sentence of four months this time around.
Police prosecutor Senior Constable Jeanette Grigoris said Fletcher returned a blood alcohol content of 0.146 after being intercepted in his car on Freshwater St in Scarness on December 8.
His public nuisance and obstructing police charges then followed after he was taken to the police station on Torquay Rd.
Mr Tatnell fined Fletcher a combined total of $850 for the public nuisance and obstruct police charges.
Due to his history of drink driving offences, however, Mr Tatnell felt a fine would not be enough for that charge.
This resulted in the prison sentence, although it was suspended immediately.
Mr Tatnell also ordered a licence disqualification of 18 months for Fletcher.
As he left the court with the suspended sentence hanging over his head, Fletcher assured Mr Tatnell that would be the last time the magistrate would see him in court.


And I hate it when the headline is 'A MAN has received a prison sentence for drink driving in Hervey Bay.'  In my books he was not sent to prison.    Kevin

[Bird]

The following is from today’s local newspaper, Fraser Coast Chronicle. You will see why the courts are no deterrent for habitual offenders!

A MAN has received a prison sentence for drink driving in Hervey Bay.
Troy John Fletcher, 40, pleaded guilty to three offences in Hervey Bay Magistrates Court, including drink driving, obstructing police and public nuisance.
"It is plainly obvious you and alcohol don't mix," said Magistrate Graeme Tatnell, who has sentenced Fletcher numerous times in the past for similar alcohol-related offences.
Finally, Mr Tatnell had enough, and ordered a prison sentence of four months this time around.
Police prosecutor Senior Constable Jeanette Grigoris said Fletcher returned a blood alcohol content of 0.146 after being intercepted in his car on Freshwater St in Scarness on December 8.
His public nuisance and obstructing police charges then followed after he was taken to the police station on Torquay Rd.
Mr Tatnell fined Fletcher a combined total of $850 for the public nuisance and obstruct police charges.
Due to his history of drink driving offences, however, Mr Tatnell felt a fine would not be enough for that charge.
This resulted in the prison sentence, although it was suspended immediately.
Mr Tatnell also ordered a licence disqualification of 18 months for Fletcher.
As he left the court with the suspended sentence hanging over his head, Fletcher assured Mr Tatnell that would be the last time the magistrate would see him in court.


And I hate it when the headline is 'A MAN has received a prison sentence for drink driving in Hervey Bay.'  In my books he was not sent to prison.    Kevin

They beat him with the wet celery.. what a farce.

[Bird]

Yep, people take it serious.

A MOTHER has been caught driving more than six times over the legal blood alcohol limit after police spotted her five-year-old child hanging out of the back window of her car as she travelled along a West Australian road. 
 
Manjimup police, in the state's south, were alerted by several members of the public after they complained about the woman's erratic driving on Friday afternoon.

Officers then spotted the 32-year-old driving on Rutherford Road, with an unrestrained boy in the back seat.

After police pulled the vehicle over, the boy ran from the car, with the woman then refusing to supply the child's details.

It will be alleged a breath test then showed the woman was more than six times over the legal limit.

Her licence was cancelled, a surrender notice served on her Holden Commodore, and the woman was charged with driving under the influence and failing to ensure a passenger aged between four to seven years was restrained.
http://www.theaustralian.com.au/news/nation/mum-with-child-passenger-six-times-over-limit-say-police/story-e6frg6nf-1226553449242