Drink driver let off because no public transport.

[beso]

This woman was over the limit but the judge let her off.
http://www.smh.com.au...t-20100804-11aba.html

Please comment.

[joggerjayne]

Was she driving in a dangerous way?

[hc4361]

Australian drink drive laws may be different to the UK. I don't know anything about the Aus laws.

[beso]

She was probably picked up in a random breath test.

The law says that driving over the limit is driving in a dangerous way.

[dzug2]

I hesitate to point out the obvious, but this was not in the UK.

And it does seems to have stirred up a hornet's nest there.

[factor-fiction]

Unless I've misunderstood, this case is in Australia (even though most of the place names mentioned- Paddington, Oxford Circus- make it sound as if it's in England).
I'm not sure it will have any implications for here in the UK but nothing would surprise me.

[joggerjayne]

"The law says that driving over the limit is driving in a dangerous way."

Well ... the Law says that it is contrary to a defined criteria.

But you take my point ...

If she is driving safely, under control (both physically and mentally), and the only interference with her safe progress was a policeman standing in the road ... then the Law is reasonable.

If she was weaving around the road, past a primary school ... then the Law is stupid.

[mike11111]

The fact that a ban may cause excessive problems for the offender is not something taken into consideration. A ban, exceptionally, may not be imposed if there are special circumstances relating to the OFFENCE, but not the OFFENDER.

[New Judge]

Mike is quite right, Eddie (at least as far as UK law goes).

To argue against the mandatory disqualification being imposed for Excess Alcohol (or indeed any other offence with carries a mandatory disqualification) one has to argue that exceptional circumstances surround the offence itself, not the offender. An example would be if it could be shown to the court that the defendant’s drinks had been spiked.

The “exceptional hardship” argument (e.g. loss of employment, living in a remote area, etc.) can only be used to avoid a ban under the “totting up” rules (12 points within 3 years).