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Criminal Law Blog WA

42 year old man was charged after he crashed his vehicle into a Bunbury House

A 42 year old man who is on his way home crashed his car in front of a house on Ann Way, South Bunbury. He told the police that the bandages of his cast in his leg caught the pedal of his vehicle.

However upon initial test, it was found out that his blood alcohol level is in excess of 0.2, way beyond on what is allowed by law. He was served an immediate disqualification notice, charged with drink driving and due to appear before the court.

Drink Driving Penalties in Western Australia is governed by Road Traffic Act 1974. It imposes different penalties according to the circumstances of each case. Under the demerit system of the Road Traffic Rule and Regulation, if a driver is caught with a Blood Alcohol Content (BAC) of less than 0.05 to 0.08, he can be either infringed or required to appear to court. In some territories, he can be issued a notice with a proper demerit in his license.

For first offence of Drink Driving with a BAC of less than or equal to 0.05 but less than 0.06, he can be penalized with a $250 infringement to a maximum of $500 court penalty and 3 demerit points.

For BAC with less than or equal to 0.06 but less than 0.07 the penalty is $250 infringement with a maximum of $500 court penalty as well as 4 demerit points. But for those drivers caught with BAC between 0.07 to 0.08, the same infringement of $250 will be imposed as well as a Maximum of $500 court penalty. However a 5 demerit points will be deducted against his license.

There are also drivers who are required to have zero BAC or no blood alcohol content at all. These drivers are Novice Drivers, Holders of Extraordinary licences, those drivers who have been recently disqualified and professional drivers including those who drive: vehicles exceeding 22.5 tonnes GCM; vehicles carrying dangerous goods; buses; small charter vehicles; and taxi drivers.

The law imposes stringent penalties for those drivers who are required with zero BAC. If their BAC exceed 0 but is less than 0.02 he can be penalized with a $100 infringement and a $150 minimum to a $300 maximum court penalty. A 3 demerit point is also imposed into his licence. If the BAC of the driver is equal or greater than 0.02 but less than 0.05 the same penalty is imposed but his license is automatically disqualified for 3 months.

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Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.

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