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Drink and drug driving – WA

1 July 2021 by By Lawyers

New offences apply for the combined offence of drink and drug driving in Western Australia from 1 July 2021. There are also increased penalties for existing drink and drug driving offences.

Recent amendments to the Road Traffic Act 1974 have commenced. They are contained within the Road Traffic (Impaired Driving and Penalties) Act 2019.

The amending Act implements reforms which will:

  • allow a police officer to immediately prohibit a driver who tests positive to the presence of prescribed illicit drugs at roadside from driving for 24 hours;
  • introduce new offences to target people who drive with an illegal level of both alcohol and prescribed illicit drugs;
  • increase penalties for existing drink and drug driving offences to ensure that they remain an effective deterrent; and
  • enhance and streamline drink and drug driving enforcement processes.

The By Lawyers Magistrates Court (WA) – Traffic Offences commentary has been updated to reflect these changes.

Corresponding amendments have also been made to the Retainer Instructions and initial letters to reflect the updated penalty amounts for each applicable offence.

There are also 20 new precedents. These new initial letters deal with the new category of offence: driving with an illegal level of alcohol and prescribed illicit drugs. These helpful precedent letters contain the relevant penalties, which are dependent upon the BAC level of the offender and whether the incident is a first, second, third or subsequent offence. These letters assist practitioners to quickly and accurately advise and inform their clients.

Filed Under: Criminal Law, Legal Alerts, Publication Updates, Traffic Offences, Western Australia Tagged With: criminal law, criminal procedure WA, drink and drug driving, WA Traffic Law

Drink and drug driving – NSW

29 June 2021 by By Lawyers

There is a new category of traffic offence in NSW of combined drink and drug driving. The Road Transport Legislation Amendment (Drink and Drug Driving Offences) Act 2021 commenced on 28 June 2021.

It has long been an offence for a person to drive with drugs in their oral fluid, blood or urine. Likewise, the offence of driving with the prescribed concentration of alcohol in the breath or bloodstream. The new category of offences relates to driving with the presence of both a prescribed illicit drug in a person’s oral fluid, blood or urine and the prescribed concentration of alcohol in a person’s breath or blood.

Note that a person cannot, in relation to the same conduct, be convicted of both an existing offence of either drink or drug driving and also the new combined offence. However, a person can still be convicted of drink or drug driving where the combined offence is not proven.

The commentary in the By Lawyers NSW Traffic offences guide has been updated accordingly. New precedents have also been added to the Library of initial letters to the client as follows:

  • Initial letter to client – Alcohol and drug driving middle range – First offence
  • Initial letter to client – Alcohol and drug driving middle range – Second offence
  • Initial letter to client – Alcohol and drug driving high range – First offence
  • Initial letter to client – Alcohol and drug driving high range – Second offence
  • Initial letter to client – Second offence of combined alcohol and drug offence

Like all of the initial letters to client in the By Lawyers criminal law guides, these new precedent letters set out the penalties and sentencing options for the new offences of combined drink driving and drug driving. These letters make it easy for practitioners to quickly and accurately confirm their advice on penalties to clients charged with traffic offences at the point of engagement.

There are also relevant amendments to the Retainer instructions – Traffic offences.

Filed Under: Criminal Law, Legal Alerts, New South Wales, Publication Updates, Traffic Offences Tagged With: drink and drug driving, Local Court, traffic offences

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