Breathalyser laws in the NT - be careful

Submitted: Friday, Nov 20, 2009 at 15:54
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We all know the NT is a bit different but here goes.

The laws currently stand that you can be breathalysed 4 hours after a traffic incident.

So that people can now be charged even if there is evidence they were sober at the time of an alleged traffic incident, but then drank alcohol in the following four hours.

Be safe.

abc news
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Reply By: Member -Dodger - Friday, Nov 20, 2009 at 16:39

Friday, Nov 20, 2009 at 16:39
I agree with the article.
This law is stupid and is unjust.
Yes police need time to take an offender from the scene to the police for an evidentially breath test. In other words to transport them.
But to breath test someone that has gone home had dinner and a couple of wines then for them to say they were driving with the prescribed amount is farcical to say te least.
I used to have a handle on life, but it broke.

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Reply By: Mick O - Friday, Nov 20, 2009 at 17:30

Friday, Nov 20, 2009 at 17:30
This law came into place because many bleep drivers run off from the scene of an accident and head home to hide (quite often leaving their injured passengers or others to die at the scene). Many then claim they have been drinking alcohol in the mean time to escape the law. It was a loop hole and it's been closed. NT are just years behind everyone else. Why, after being involved in an accident and not drinking, would you leave the scene and go home or elsewhere to drink?. Better to wait for the coppers in the first place. Been law in Victoria and every other state for years.

I reckon the shiela in the article will have a tough time beating it. What they're probably not telling you is that there were witnesses, grog in the car, she bleep off, long history etc etc which is why the cioppers went looking for her in the first place.

"So that people can now be charged even if there is evidence they were sober at the time of an alleged traffic incident, but then drank alcohol in the following four hours."

You'd probably do well to have a look at a few cases in states where the law has been in place for years. You'll find out that there are defences. Witness evidence of sobriety is not mentioned in that ABC article at all.

Lawyer will be happy, he's making his thousands of $.

My 2 cents worth. Mick.
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Follow Up By: slammin - Friday, Nov 20, 2009 at 17:44

Friday, Nov 20, 2009 at 17:44
My concern is that at 5:00pm you have a minor bingle in car park, you swap details knowing you were in the right as that "idiot" drove into you. You go on your now disgruntled way to go home and make a call to your insurors.

That "idiot" then gets home and realises their predicament and rings the Police at 7:00pm as now that they've had time to think - you acted a bit strange so with clarity of hindsight they suspect you were drunk thereby caused the accident.

You're now glad the hard days over, insurors said don't stress and now you've had a couple of beers. The police turn up at your place at 8:00 pm......... not only are you now liable for the accident but for drink driving as well.

Let alone the scenario for disgruntled neighbours. Party at your place, they call the Police to say they saw you driving drunk at the shops an hour ago.

bleep poor piece of legislation.

If that's how it is in other states as well I guess the lesson is to never have a sip after any bingle.
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Follow Up By: Member - TJ (VIC) - Friday, Nov 20, 2009 at 18:00

Friday, Nov 20, 2009 at 18:00
"Let alone the scenario for disgruntled neighbours. Party at your place, they call the Police to say they saw you driving drunk at the shops an hour ago".

I don't think the police could charge you based on hearsay from a disgruntled neighbour. They would need proof that you were driving. What judge would take your license off you because a neighbour says they saw you driving drunk?


"That "idiot" then gets home and realises their predicament and rings the Police at 7:00pm as now that they've had time to think - you acted a bit strange so with clarity of hindsight they suspect you were drunk thereby caused the accident."
There are ways to determine who was at fault in an accident ie: skid marks, damage on each vehicle etc etc. I think if you got done for DUI under any of the scenario's you have suggested you would be extremely stiff.
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Follow Up By: Mick O - Friday, Nov 20, 2009 at 18:10

Friday, Nov 20, 2009 at 18:10
You also have to give the coppers some credit for using common sense in these/those circumstances you've outlined. I think the coppers in Victoria would be putting your carpark accident on the backburner for another day as they would already have 20 other jobs to attend of a more urgent nature. Law in Victoria says, you've swapped names and addresses and no injuries, police will not attend. I think you're reading too much into it.

Time for me to have a vino (in my loungeroom and I caught the train home!)

Cheers Mick
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trip would doubtless be attended with much hardship.''
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Reply By: Member - TJ (VIC) - Friday, Nov 20, 2009 at 17:47

Friday, Nov 20, 2009 at 17:47
Hi Slammin', I worked in the Motor Insurance over 10 years ago and we used to see a few of these. Stack the car on the way home from drinking. Do a runner and go home or to a pub and have another beer and then claim that you were sober/under the limit at the time of accident. This used to cost all of us in higher insurance premiums. Good to see the NT moving into line on this.
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Follow Up By: OREJAP - Friday, Nov 20, 2009 at 19:55

Friday, Nov 20, 2009 at 19:55
There is no power of entry to your home by the Police for drink driving matters. There are numerous laws in relation to drink driving, proof of driving etc. Yes, if witnesses say you were intoxicated (in their view) police will attend your address & ask you for a sample of your breath if you refuse & ask them to leave they must do so. Obviously in severe cases such as culpable driving (death involved ) there are specific arrest powers. If you ask police to leave your address they must do so unless they have a lawful reason to stay such as a breach of the peace or other serious matters are presenting to them. Many drivers now ask drunks to run away from the scene & not to remain at the scene because if the driver who is at fault blows over the legal linit he/she is not covered by insurance and the innocent party must whisle dixie to have their car repairs paid for!!!
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Follow Up By: 93 Navara - Friday, Nov 20, 2009 at 20:05

Friday, Nov 20, 2009 at 20:05
No power of entry OREJAP but if they answer the door and the demand is put to them, doesn't matter how often they tell police to leave, it would be an offence for refusing.

As was said earlier, coppers would only be attending home address if hit run, driver absconded or witnesses said driver was intoxicated.

Storm in a teacup me thinks.
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Follow Up By: OREJAP - Friday, Nov 20, 2009 at 22:27

Friday, Nov 20, 2009 at 22:27
So you don't answer door!!!
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Reply By: StormyKnight - Friday, Nov 20, 2009 at 20:01

Friday, Nov 20, 2009 at 20:01
Its simple, you make leaving the scene of an accident a bigger fine so people generally don't.

I mean are they trying to find out who caused the accident or a scape goat!

If the evidence is not there then the evidence is not there!


But if they leave the scene, charge them for that & big!

Really whats the world coming too if you can get charged on hear say!

As I said, make the fine for leaving the scene huge. Deal with the evidence not some made up c**p -

Pity, it will take average joe whos done nothing wrong, mega money to defend this sort of charge - what happen to innocent unless proven?

& those you agree on the "new law", next time you have a bingle, go have a drink!
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Follow Up By: Member - Duke (TAS) - Friday, Nov 20, 2009 at 22:32

Friday, Nov 20, 2009 at 22:32
I think anyone who leaves the scene of an accident has reason to not be around when the Police arrive. As Stormy Night says above, Hit them hard for doing a runner.
Why is it when laws are introduced to protect innocent people there is always some one bleating that its not fair. If you never had a reason to not be there when the Cops turned up why would you leave.??
Duke

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Follow Up By: Member - Josh (TAS) - Saturday, Nov 21, 2009 at 08:51

Saturday, Nov 21, 2009 at 08:51
I agree Duke,
If nothing to hide why run and hide. Is it really that hard to do the right thing. As mentioned I think more is being read into it than is there.

Josh
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Reply By: fisho64 - Saturday, Nov 21, 2009 at 02:49

Saturday, Nov 21, 2009 at 02:49
your absolutely correct Slammin.

It should be that if your bleep and can hide from cops for more than a couple of hours after a bingle-your home free!
AnswerID: 391962

Follow Up By: Member - lyndon NT - Saturday, Nov 21, 2009 at 09:30

Saturday, Nov 21, 2009 at 09:30
O joy to the Territory! The amount of people who drink drive here is just stupid! When the do a blitz here it doesn't last too long, all the copper's have an arrest in the first half hour!
People miss the point, it's not getting caught that is the big deal, what if you kill someone!!
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Reply By: Member - Doug T (NT) - Saturday, Nov 21, 2009 at 09:54

Saturday, Nov 21, 2009 at 09:54
NO EXCUSES
Just don't Drink and then Drive ....simple .

.
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Follow Up By: Shaker - Saturday, Nov 21, 2009 at 10:24

Saturday, Nov 21, 2009 at 10:24
Simplest & smartest post in this thread!

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Follow Up By: slammin - Saturday, Nov 21, 2009 at 11:02

Saturday, Nov 21, 2009 at 11:02
"NO EXCUSES
Just don't Drink and then Drive ....simple . "

I think you missed the point

NO EXCUSES
Don't drive then drink.
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