Victorian government moves to close drink driving loop hole
Wednesday 1 May 2013 @ 12.08 p.m. | Legal Research
An article in lawsearch.com.au reports that the Victorian government is moving to close a drink driving “loop hole” in relation to drinking while driving.
Whilst every state has laws forbidding persons driving with a blood alcohol level over a certain point, it appears that only some states have laws against drinking while driving. In NSW, Regulation 298-1 of the Road Rules 2008 says that:
“a driver must not consume alcohol while driving”
The maximum penalty for this offence is a fine of $2,200.
It should be noted that this offence should be in addition to any charge of Driving with the Prescribed Concentration of Alcohol or Driving under the Influence of Alcohol that may also apply.
It appears that in Victoria, to date, it is not an offence to be drinking alcohol while driving. In fact, if the person in question passed a breath test there is no reason to expect that such a person would be subject to any sort charge from Police at all.
Premier of Victoria, Ted Baillieu has announced that the Victoria Attorney General is now examining the issue in detail and intending to close the “loop hole”.
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