Posted: Wed Jun 03, 2009 8:26 pm
What used to be known as exculpatory provisions in the old traffic act are now covered in torums S79 subsection 6ISUZUROVER wrote:Out of interest, how is (c) usually interpreted? Inserting the key in the ignition, or the door? (etc?).toaddog wrote:
Goes much further than that, Section 79 of Torums
That section covers the offences of drink driving and if you look it up you will see that it just mentions
Offence of driving etc. while under the influence
Any person who while under the influence of liquor or a
drug—
(a) drives a motor vehicle, tram, train or vessel; or
(b) attempts to put in motion a motor vehicle, tram, train or
vessel; or
(c) is in charge of a motor vehicle, tram, train or vessel;
is guilty of an offence and liable to a penalty not exceeding 28
penalty units or to imprisonment for a term not exceeding 9
months.
Nothing about being on a road or elsewhere etc.
So that means you can get done anywhere.
The act is here http://www.legislation.qld.gov.au/LEGIS ... pRUA95.pdf
e.g. someone who gets in their car in order to sleep it off could be charged under the law.
(6) Court not to convict if satisfied of particular matters
If on the hearing of a complaint of an offence against
subsection (1)(c), (2)(c), (2AA)(c), (2A)(c), (2B)(c) or (2J)(c)
in respect of a motor vehicle the court is satisfied beyond
reasonable doubt by evidence on oath that at the material
time—
(a) the defendant—
(i) by occupying a compartment of the motor vehicle
in respect of which the offence is charged other
than the compartment containing the driving seat
of that motor vehicle; or
(ii) not being in that motor vehicle, by some action;
had manifested an intention of refraining from driving
that motor vehicle while any of the following
circumstances relevant to a conviction on the complaint
applied—
(iii) the defendant was under the influence of liquor or
a drug;
(iv) the defendant was over—
(A) the general alcohol limit; or
(B) if at the material time the defendant was a
person to whom subsection (2A), (2B) or
(2J) referred—the no alcohol limit;
(v) there was a relevant drug present in the defendant’s
blood or saliva; and
(b) the defendant—
(i) was not under the influence of liquor or a drug to
such an extent; or
(ii) was not, as indicated by the concentration of
alcohol in the defendant’s blood or breath,
influenced by alcohol to such an extent;
as to be incapable of understanding what the defendant
was doing or as to be incapable of forming the intention
referred to in paragraph (a); and
(c) the motor vehicle in respect of which the offence is
charged was parked in such a way as not to constitute a
source of danger to other persons or other traffic; and
(d) the defendant had not previously been convicted of an
offence under subsection (1), (2), (2AA), (2A), (2B),
(2D) or (2J) within a period of 1 year before the date in
respect of which the defendant is charged;
the court must not convict the defendant of the offence
charged.