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Section 112 Road Transport Act 2013
Use or Attempted Use of a Vehicle Under the Influence of Alcohol or Any Other Drug

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.

If you require the services of a traffic defence team that specialises in representing clients for cases under the Road Transport Act, call Sydney Criminal Lawyers today on (02) 9261 8881 to arrange a consultation.

Our team is vastly experienced in advising and representing clients in traffic law cases, and will fight to ensure you achieve the optimal result in the circumstances.

We offer fixed fees for all traffic cases, and a free first conference for those who are going to court.

The Legislation

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.

The penalties

Maximum penalty:

(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).

Why Sydney Criminal Lawyers®?

Choosing the right legal team to defend your reputation and interests can be a difficult process.

However, it is always important to look at a firm’s experience and results when making this decision.

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.

However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’

Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the traffic law, as well as their ability to obtain excellent results in difficult cases.

We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.

For the best defence in your case, get the experts on your side today. Call us now on (02) 9261 8881 and book your FREE first conference with our traffic law specialists.


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