CÂU HỎI LUẬT PHÁP – TUẦN THỨ 14, 2023
1. LÁI XE TRONG LÚC SAY RƯỢU TẠI TIỂU BANG NAM ÚC NẾU BẮT, SẼ BỊ PHÁT THẾ NÀO?
Luật sư Đức trả lời: – Tùy theo mức độ rượu trong máu, ngoài việc bị phạt tiền theo quy định trong điều khoản 47B(1) của Đạo Luật Giao Thông (Road Traffic Act) 1961, Toà Án sẽ phải áp dụng các hình phạt về thời hạn mất bắng lái theo quy định của điều khoản 47B(3), với nội dung tóm lược như sau: 1. Nếu mức độ rượu trong máu từ 0.05 – 0.079 [trong 100 millilitres máu]: tối thiểu là 3 tháng; 2. Nếu mức độ rượu trong máu từ 0.08 – 0.0149 [trong 100 millilitres máu]: tối thiểu là 6 tháng; 3. Nếu mức độ rượu trong máu từ 0.015 trở lên: tối thiểu là 12 tháng;
Hình phạt cho những lần tái phạm sẽ nặng hơn nhiều.
ROAD TRAFFIC ACT 1961 – SECT 47B 47B—Driving while having prescribed concentration of alcohol in blood
(1) A person must not—
(a) drive a motor vehicle; or
(b) attempt to put a motor vehicle in motion,
while there is present in his or her blood the prescribed concentration of alcohol as defined in section 47A.
Penalty:
(a) for a first offence—
(i) being a category 1 offence—$1 100;
(ii) being a category 2 offence—a fine of not less than $900 and not more than $1 300;
(iii) being a category 3 offence—a fine of not less than $1 100 and not more than $1 600;
(b) for a second offence—
(i) being a category 1 offence—$1 100;
(ii) being a category 2 offence—a fine of not less than $1 100 and not more than $1 600;
(iii) being a category 3 offence—a fine of not less than $1 600 and not more than $2 400;
(c) for a third or subsequent offence—
(i) being a category 1 offence—$1 100;
(ii) being a category 2 offence—a fine of not less than $1 500 and not more than $2 200;
(iii) being a category 3 offence—a fine of not less than $1 900 and not more than $2 900.
(3) If a court convicts a person of an offence against subsection (1), the following provisions apply:
(a) the court must order that the person be disqualified from holding or obtaining a driver’s licence—
(i) in the case of a first offence—
(AA) being a category 1 offence—for such period, being not less than 3 months, as the court thinks fit;
(A) being a category 2 offence—for such period, being not less than 6 months, as the court thinks fit;
(B) being a category 3 offence—for such period, being not less than 12 months, as the court thinks fit;
(ii) in the case of a second offence—
(A) being a category 1 offence—for such period, being not less than 6 months, as the court thinks fit;
(B) being a category 2 offence—for such period, being not less than 12 months, as the court thinks fit;
(C) being a category 3 offence—for such period, being not less than 3 years, as the court thinks fit;
(iii) in the case of a third offence—
(A) being a category 1 offence—for such period, being not less than 9 months, as the court thinks fit;
(B) being a category 2 offence—for such period, being not less than 2 years, as the court thinks fit;
(C) being a category 3 offence—for such period, being not less than 3 years, as the court thinks fit;
(iv) in the case of a subsequent offence—
(A) being a category 1 offence—for such period, being not less than 12 months, as the court thinks fit;
(B) being a category 2 offence—for such period, being not less than 2 years, as the court thinks fit;
(C) being a category 3 offence—for such period, being not less than 3 years, as the court thinks fit;
(b) the disqualification prescribed by paragraph (a) cannot be reduced or mitigated in any way or be substituted by any other penalty or sentence unless, in the case of a first offence, the court is satisfied, by evidence given on oath, that the offence is trifling, in which case it may order a period of disqualification that is less than the prescribed minimum period but not less than one month;
(d) if the person is the holder of a driver’s licence—the disqualification operates to cancel the licence as from the commencement of the period of disqualification;
(e) the court may, if it thinks fit to do so, order that conditions imposed by section 81A or 81AB of the Motor Vehicles Act 1959 on any driver’s licence issued to the person after the period of disqualification be effective for a period greater than the period prescribed by that section.
(4) In determining whether an offence is a first, second, third or subsequent offence for the purposes of this section (other than subsection (5)), any previous drink driving offence or drug driving offence for which the defendant has been convicted will be taken into account, but only if the previous offence was committed within the prescribed period immediately preceding the date on which the offence under consideration was committed.
(5) If a person aged 16 years or more is alleged to have committed a category 1 offence that is a first offence, the person cannot be prosecuted for that offence unless he or she has been given an expiation notice under the Expiation of Offences Act 1996 in respect of the offence and allowed the opportunity to expiate the offence in accordance with that Act.
(6) In determining whether a category 1 offence is a first offence for the purposes of subsection (5), any previous drink driving offence or drug driving offence for which the defendant has been convicted or that the defendant has expiated will be taken into account, but only if the previous offence was committed or alleged to have been committed within the prescribed period immediately preceding the date on which the offence under consideration was allegedly committed.