Drinking and driving/riding

[dutchy]

Once again this is a simple rule for a complex problem.
How does drinking a beer differ from drinking a can of coke...or my fav coffee milk.

The real test should be if the activity you are doing affects your ability to drive. Obviously this would be harder to enforce/prove so take the easy approach and ban beer and using a mobile.

Couldnt agree more laidback..... so u finish work, drop in the shops, its a hot day, u grab a drink, so whats the difference on a udl, or a can of soft drink????

The difference now is the offence. "fail to have proper control" if your drinking a soft drink while driving, and the more specific offence if the drink is alcoholic.

Also, there is a DUI charge available in victoria that can be issued in the event that there is no evidentiary breath test, just so you know.

[smithy5]

Pretty sure they can't take you from your home for a breath test. And they don' t need to cause their word/opinion stands up in court.
I knew a guy that got done on a gixer for speeding. The copper caught up with him in his driveway. The guy admitted to speeding & having a few beers. Copper admitted he couldn't test him, no trip to the station, no radar reading & no breath test. However he was Charged & convicted speed manner dangerous & PCA. Probably a lot to do with his admissions on the night which I assume the copper recorde at the time.

You're right Smithy5

Not so sure about that. RTA links are useless at the moment. To be done for PCA they have to get a reading from their breathalyzer at the station as I was told by a solicitor otherwise it can be thrown out of court. All PCA essentially go to a magistrate thus the requirement.

Anything can be thrown out of court.............. but they don't need a breath sample to get you into court in the first place....
and Leanne is a lot smarter than me, so go with it

[smithy5]

Once again this is a simple rule for a complex problem.
How does drinking a beer differ from drinking a can of coke...or my fav coffee milk.

The real test should be if the activity you are doing affects your ability to drive. Obviously this would be harder to enforce/prove so take the easy approach and ban beer and using a mobile.

Exactly right John....
The amount of people who sit at green lights, drive 20 k's under the posted limit, make sudden turns without indicating etc, etc,
all because they are engaged in a conversation with the person sitting next to them, or on a phone, hands free or not
makes me farken mad it does..........

[born green]

Once again this is a simple rule for a complex problem.
How does drinking a beer differ from drinking a can of coke...or my fav coffee milk.

The real test should be if the activity you are doing affects your ability to drive. Obviously this would be harder to enforce/prove so take the easy approach and ban beer and using a mobile.

Couldnt agree more laidback..... so u finish work, drop in the shops, its a hot day, u grab a drink, so whats the difference on a udl, or a can of soft drink????

The difference now is the offence. "fail to have proper control" if your drinking a soft drink while driving, and the more specific offence if the drink is alcoholic.

Also, there is a DUI charge available in victoria that can be issued in the event that there is no evidentiary breath test, just so you know.

I understand its now an offence to have a alocholic drink in ur hand.. i dont have a prob with the law change, but if ur under .05, where does that make u more dangerous, than say a can of coke, or a burger, or chicks doing there hair, nails, ect while driving??? I know what ur going to say, but we see people doing those things a hundred times a day... hell when i was truck driving i could tell u things ive seen that would make ur hair curl, when u get to look down into cars....

[dutchy]

Couldnt agree more laidback..... so u finish work, drop in the shops, its a hot day, u grab a drink, so whats the difference on a udl, or a can of soft drink????

The difference now is the offence. "fail to have proper control" if your drinking a soft drink while driving, and the more specific offence if the drink is alcoholic.

Also, there is a DUI charge available in victoria that can be issued in the event that there is no evidentiary breath test, just so you know.

I understand its now an offence to have a alocholic drink in ur hand.. i dont have a prob with the law change, but if ur under .05, where does that make u more dangerous, than say a can of coke, or a burger, or chicks doing there hair, nails, ect while driving??? I know what ur going to say, but we see people doing those things a hundred times a day... hell when i was truck driving i could tell u things ive seen that would make ur hair curl, when u get to look down into cars....

I don't think there is a difference. I agree that the woman touching up the make up in the mirror can put themselves and everyone around them in as much, or even more danger than someone "drinking" while driving.

These people would hopefully be dealt with just as appropriately as each other. The only thing now is the ticket is specific to the situation.

[born green]

Dutchy, thanks for ur imput, i know its a hard one to answer as such... and not trying to put u in a spot... the orginal question has been answered, but these things can get involed, when u got a lot of people with different views, i dont condone drink driving, i have a very clean licence, prob a bit hard to beleive but i have on many accasion had a can on the way home from shopping after work, without going close, as i have been tested... i just struggle to understand how that can be more dangerous than other things we see going on, on a daily basis... as im sure u have seen to many times urself. anyway.... cheer's.....

[seiko1]

Drinking while driving your paddock bomb rules!
That law is the one of the biggest piles of totalitarian shit I have ever seen!
As for .05 .....05 is the limit they advertise and have advertised for donkey's year's right?
In a 60 zone you can sit on 60...same for 50, 70, 80 ,90 100 and 110 and not get booked because you are on the limit!
If you blow .05 you get booked! WTF is that bullshit? so the limit ACTUALLY .049!

[Chitchats]

Drinking while driving your paddock bomb rules!
That law is the one of the biggest piles of totalitarian shit I have ever seen!
As for .05 .....05 is the limit they advertise and have advertised for donkey's year's right?
In a 60 zone you can sit on 60...same for 50, 70, 80 ,90 100 and 110 and not get booked because you are on the limit!
If you blow .05 you get booked! WTF is that bullshit? so the limit ACTUALLY .049!

You may find they "advertise" the limit as Under .05,

[ZXR750]

Drinking while driving your paddock bomb rules!
That law is the one of the biggest piles of totalitarian shit I have ever seen!
As for .05 .....05 is the limit they advertise and have advertised for donkey's year's right?
In a 60 zone you can sit on 60...same for 50, 70, 80 ,90 100 and 110 and not get booked because you are on the limit!
If you blow .05 you get booked! WTF is that bullshit? so the limit ACTUALLY .049!

You may find they "advertise" the limit as Under .05,

Don't know about any where else but in NSW it used to be advertised as UNDER.05 or under arrest. So yes the limit is .049999999999999999999999999999.

[born green]

Once apon a time it may have been.. 0.05 was prescribed limit, now its low range... 0.049, good.. 0.05 over..

[Nelso]

Pretty sure they can't take you from your home for a breath test. And they don' t need to cause their word/opinion stands up in court.
I knew a guy that got done on a gixer for speeding. The copper caught up with him in his driveway. The guy admitted to speeding & having a few beers. Copper admitted he couldn't test him, no trip to the station, no radar reading & no breath test. However he was Charged & convicted speed manner dangerous & PCA. Probably a lot to do with his admissions on the night which I assume the copper recorde at the time.

You're right Smithy5

Not so sure about that. RTA links are useless at the moment. To be done for PCA they have to get a reading from their breathalyzer at the station as I was told by a solicitor otherwise it can be thrown out of court. All PCA essentially go to a magistrate thus the requirement.

He would have been convicted because of his admission. Once you admit to something and it's recorded, the charge will hold up in court. If he had denied everything in his driveway, he would have got away with it. Sadly the legal system encourages people to lie and deny everything.

[the kid]

Be wary of the not being able to be breath tested on your own land. Whilst technically that is correct the Police can still take you back to the station for breath test and you can be charged for PCA or drink driving.

in NSW you cannot be tested on your own property, but the copper as a trained professional can make observations of you which can be used in court. Eg Staggering, red eyes, slurred speech , playing sword fights with a mate while urinating , trying to crack onto the ugly chick/bloke , lighting the wrong end of your smoke , professing undying love for your Mate , etc.

[smithy5]

Speaking from experience aye Billy

[the kid]

Speaking from experience aye Billy

[seiko1]

SA....."Drink Driving is one of the main causes of road deaths in South Australia. Each year over a third of drivers and riders killed in road crashes have a blood alcohol concentration (BAC) over the legal limit of 0.05 - the majority more than three times over the legal limit.

Of these drivers and riders killed who were over the legal limit of 0.05:
•86% are male
•39% are aged 20-29 years
•60% are killed on rural roads
•65% are at least three to four times over the legal limit."
OVER!!! Soak my Cork

Vic....http://www.tacsafety.com.au/jsp/content ... pageID=452

Over!!! Soak my Cork

NSW does seem to advertise "under .05, but the rest of the states are MF's because they advertise .05 as the limit.....not "over" or "equal to"!!!

Duh! I forgot NSW is the centre of the bloody universe!!!