"Drink Drive - Bloody Idiot"

The campaign by Victoria Police against drink driving is claimed by them to have been the most successful of all campaigns to reduce the death toll on the roads.

Some believe the penalties are excessive. For instance, the Road Safety Act (1986) provides that a first time driver with a blood alcohol reading of 0.07% must lose their licence for a minimum of 6 months. Many in our society work in employment where their major or even sole qualification for that employment is their drivers licence.

A recent decision of Forrest J in the case of Uren v Neale in the Supreme Court of Victoria highlights the need to carefully consider the circumstances of each charge.

In that case, the driver was requested at 1:15am at the Frankston Police Station to undertake a blood test. The request was open ended. The driver had no idea when the Medical Practitioner might arrive.

His Honour found that the driver should have been told that he was only obliged to remain for the lesser of two times namely 3 hours after the driving or the arrival of the Medical Practitioner.

Accordingly, his Honour dismissed the charge against the driver who was facing a charge of refusing to remain at a Police Station for the purpose of a blood test which carries an automatic minimum penalty of two years cancellation of licence.

The details of the police case are invariably contained in the Police Brief which may be obtained in Pre Hearing Discovery. Careful consideration of its contents often results in a successful defence of Police Prosecutions.