Section 112 of the Road Transport Act 2013 (NSW) is ‘Use or Attempted Use of a Vehicle Under the Influence of Alcohol or Any Other Drug’ and is extracted below.
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Section 112 of the Road Transport Act 2013 is Use or Attempted Use of a Vehicle Under the Influence of Alcohol or Any Other Drug and reads as follows:
Use or attempted use of a vehicle under the influence of alcohol or any other drug
(cf STM Act, s 12)
(1) A person must not, while under the influence of alcohol or any other drug:
(a) drive a vehicle, or
(b) occupy the driving seat of a vehicle and attempt to put the vehicle in motion, or
(c) if the person is the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence)–occupy the seat in or on a motor vehicle next to a learner driver who is driving the vehicle.
(a) in the case of a first offence–30 penalty units or imprisonment for 18 months, or both, or
(b) in the case of a second or subsequent offence–50 penalty units or imprisonment for 2 years, or both.
(2) If a person is charged with an offence against subsection (1):
(a) the court attendance notice may allege the person was under the influence of more than one drug and is not liable to be dismissed on the ground of uncertainty or duplicity if each of those drugs is described in the court attendance notice, and
(b) the offence is proved if the court is satisfied beyond reasonable doubt that the defendant was under the influence of:
(i) a drug described in the court attendance notice, or
(ii) a combination of drugs any one or more of which was or were described in the court attendance notice.
Note : Division 1 of Part 7.4 provides for the disqualification of persons from holding driver licences for certain offences (including offences against this section).
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At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex traffic matters – so you can rest assured that you are in safe hands.
Our traffic law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.
Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.
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