Have you been charged with Consume Intoxicating Liquor While Driving?
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Driving Under the Influence (DUI)
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Exceeding the Prescribed Concentration of Alcohol (“ PCA ”)
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Refusing to Undergo a Preliminary Breath Test
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Refuse or Fail to Comply with a Request or Signal to Stop
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Refusing to Comply With Directions Made by Police Regarding
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Exceeding the Prescribed Concentration of Alcohol (Breath Analysis) within 3 Hours
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Driving a Motor Vehicle With a Blood Sample Indicating a Prescribed Concentration of Alcohol
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Expca of Drugs and Alcohol Within 3 Hours of Driving or Being in Charge
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Consume Intoxicating Liquor While Driving
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Consuming Intoxicating Liquor While Supervising Driving a Learner Driver
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Breach of Alcohol Interlock Condition
What does it mean to be charged with consuming intoxicating liquor while driving?
Section 49B of the Road Safety Act (“RSA”) makes it an offence for a person to consume intoxicating liquor while driving a motor vehicle or while in charge of a motor vehicle.
This offence is designed to prevent any immediate consumption of alcohol while operating or being responsible for a vehicle, addressing a potential risk to road safety by prohibiting the act of drinking alcohol while engaged in driving activities.
This offence does not result in disqualification of license.
What Must the Prosecution Prove?
To successfully convict someone of an offence under Section 49B, the prosecution must prove the following elements beyond a reasonable doubt:
- You consumed intoxicating liquor (i.e., any beverage that contains alcohol) while driving a motor vehicle or while in charge of a motor vehicle.
- At the time of consumption, the defendant was either driving the motor vehicle or was in charge of the motor vehicle.
This includes having control or responsibility for the vehicle, even if the vehicle is not in motion.
Under subsection (2), a person is only considered to be “in charge” of a motor vehicle if they fall under the definitions provided in Section 3AA(1)(a), (b), or (c) of the Act. These sections outline specific circumstances where a person is deemed to be in charge of a vehicle (e.g., sitting in the driver’s seat, in possession of the ignition key, etc.).
Penalties for consuming intoxicating liquor while driving or being in charge of a motor vehicle:
The offence of consuming intoxicating liquor while driving or being in charge of a motor vehicle carries a penalty of 10 penalty units.
Where will my case be heard?
Consuming intoxicating liquor while driving cases will be heard will be heard in the Magistrates Court.
Factors and defences to consider:
- Were you driving while consuming an alcohol drink?
- Was the car stationary or moving while you were drinking?
- Were you “in charge” of the vehicle according to law? Or were you a passenger?
- Do you have any previous convictions of a similar nature to this offence?
- What were the surrounding circumstances of this offence?
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Driving Under the Influence (DUI)
-
Exceeding the Prescribed Concentration of Alcohol (“ PCA ”)
-
Refusing to Undergo a Preliminary Breath Test
-
Refuse or Fail to Comply with a Request or Signal to Stop
-
Refusing to Comply With Directions Made by Police Regarding
-
Exceeding the Prescribed Concentration of Alcohol (Breath Analysis) within 3 Hours
-
Driving a Motor Vehicle With a Blood Sample Indicating a Prescribed Concentration of Alcohol
-
Expca of Drugs and Alcohol Within 3 Hours of Driving or Being in Charge
-
Consume Intoxicating Liquor While Driving
-
Consuming Intoxicating Liquor While Supervising Driving a Learner Driver
-
Breach of Alcohol Interlock Condition
Testimonials
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St Kilda, Victoria 3182
1800 130 120
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Michael Sunderland from MK Law handled my matter with professionalism, respect, and genuine care. It was clear that he genuinely cared about gett... Read MoreMichael Sunderland from MK Law handled my matter with professionalism, respect, and genuine care. It was clear that he genuinely cared about getting the best result possible, and his preparation and courtroom presence reflected that commitment. Michael’s professional demeanour and respectful conduct, both with me and within the court, gave me the utmost confidence I was in the right hands. He clearly explained the process, kept me informed, and made me feel confident throughout. The outcome was far better than I expected, thanks to his expertise and strategic approach. I’m truly grateful for his support and wouldn’t hesitate to recommend him. Read Less55/5
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I cannot thank Michael Sunderland from MK Law enough for the way he handled my case. From the very beginning, Michael was highly professional, kno... Read MoreI cannot thank Michael Sunderland from MK Law enough for the way he handled my case. From the very beginning, Michael was highly professional, knowledgeable, and thorough in every aspect of the process. He took the time to explain everything clearly, which gave me great comfort and confidence throughout what could have been a very stressful time. Michael’s expertise and guidance reassured me that I was in the best hands, and his calm and confident approach made a huge difference to my peace of mind. He was always approachable, responsive, and dedicated to achieving the best possible outcome for me. I would highly recommend Michael Sunderland to anyone seeking a lawyer who is not only exceptionally skilled but also genuinely cares about his clients. Read Less55/5
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I would like to sincerely thank Ashleigh for her exceptional support and professionalism during a very difficult time in my life. From the first m... Read MoreI would like to sincerely thank Ashleigh for her exceptional support and professionalism during a very difficult time in my life. From the first meeting, she was calm, respectful, and clear about what I could expect. She never judged me, always listened carefully, and explained every step of the legal process in a way that made me feel supported and confident. Ashleigh handled my case involving a traffic offence with care and honesty. She gave me solid advice, helped me prepare all the right documents, and even guided me on how to speak respectfully in court. Because of her help, I was able to present myself properly before the judge and achieve a much better outcome than I expected. What really stood out to me was her genuine concern for my future. She didn’t treat me like “just another case.” Ashleigh is not only a skilled lawyer — she is also a kind person who truly cares about her clients. I highly recommend Ashleigh to anyone in need of legal help. She is trustworthy, professional, and goes above and beyond for her clients. Thank you again for everything. Read Less55/5
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I would like to highly recommend Michael Sunderland. Michael took on my matter from another lawyer that was not able to represent me at the time. ... Read MoreI would like to highly recommend Michael Sunderland. Michael took on my matter from another lawyer that was not able to represent me at the time. Michael was well prepared, taking onboard all the information, with communication all the way. He clearly explains all the outcomes and was by my side every step of the way. A genuine caring lawyer that has your best interest. Read Less55/5
What happens next?
If you have been charged with consuming intoxicating liquor while driving under Section 49B, it is essential to seek legal representation promptly. Contacting MK Law will provide you with expert guidance through the legal process, starting with your required court appearance, where you can enter your plea. Your lawyer will thoroughly review the evidence against you, develop a defence strategy, and explore potential mitigating factors if you are found guilty.
Whether you choose to plead guilty or not guilty, having experienced legal counsel is crucial to protecting your rights and navigating the complexities of your case. Don’t hesitate to reach out to MK Law on 1800 130 120 for a consultation to discuss your situation and determine the best course of action.
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- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au