New (2006) drink driving laws

youthacademy

Hello people,

theres been changes which have tightened up the laws on drink driving in society today, it appears to be working a good deal, as i of hear of alot of people being caught. not sure about lower the death tool though, which is the ultimate test.
But when did these new hefty driving bans come into force and do they apply retrospectivly? say if someone was punished under the old act, does the new 'no-appeal' type structure apply?

godtabh

youthacademy wrote: »

Hello people,

theres been changes which have tightened up the laws on drink driving in society today, it appears to be working a good deal, as i of hear of alot of people being caught. not sure about lower the death tool though, which is the ultimate test.
But when did these new hefty driving bans come into force and do they apply retrospectivly? say if someone was punished under the old act, does the new 'no-appeal' type structure apply?

If they were already punished they've paid their debt to society (as they say) so why would the new law apply to them?

Ham'nd'egger

youthacademy wrote: »

Hello people,

theres been changes which have tightened up the laws on drink driving in society today, it appears to be working a good deal, as i of hear of alot of people being caught. not sure about lower the death tool though, which is the ultimate test.
But when did these new hefty driving bans come into force and do they apply retrospectivly? say if someone was punished under the old act, does the new 'no-appeal' type structure apply?

Penalties will relate to the Act or Law that you are charged and prosecuted under. Laws or amendments will have a date upon which they are to be applied; any summons/charge sheet will clearly tell the served party what they are being prosecuted for on the date of the offence in question. The respective penalties imposed for upon conviction will be whatever is laid down for the relevant Law on the date in question. It goes without saying that you cannot be prosecuted or punished under a law that is imposed after the date of the crime unless it is specifically written into the relevant legislation that the State may do so.

If you are being prosecuted and a long time has elapsed after a crime, you may be able to either claim that due time has passed on the summons (Normally 6 months) or in the case of a unduly long wait for a hearing, you may apply for a dismissal on the grounds of a reasonably prompt hearing not being called; these are matters for which you will need a solicitor or barrister to advise you on; likewise if there is issues relating to your summons or charge sheet.

Victor

youthacademy wrote: »

does the new 'no-appeal' type structure apply?

What is this?

Carawaystick

previously, first time convicted drink drivers would get a 1 year ban. after 6 months you could appeal the ban and judges routinely lifted the last 6 months of the ban.

sometime last year or late 2006 the law was changed to restrict the appealing of bans.
they came in and appeared to have a retroactive effect. so some judges let people take appeals to the high court. I heard an SC explain that there was some precident from the 60s regarding a punishment of not issuing a license being allowed to be retroactive as it wasn't an actual criminal punishment. but it seemed very harsh, considering the importance of driving more than 40 years later.

I never heard any judgement about this since though.

b21

I'm a baddie who was apprehended in Jan 2007 for driving 'over the limit'.

New rules came into effect Mar 2007. Legislation did not say 'retrospectivity' applied, although minister said 'he meant it to be'.

Court Sept. 2007, I was sentenced according to the rules on my day of 'apprehension' (double entendre intended).

Previous legislation allows restoration of licence after 50% disqualification served, new rule states minimum 2/3rds PLUS minimum ban over two years to qualify for early reinstatement.

In court, same session as me, a person who was barely over the limit was caught during the new rules. He got one year off the road and may NOT apply for a disqualification reduction.

I was well over the limit, and within the law I may be back driving the SAME DAY as a person who, under the old rules, would have received a 3 month ban. I felt very sorry for him, but not for me. I deserved my ban, I assure you.

Naturally, I should feel somewhat relieved for myself, and I do, but as an ordinary citizen I question the people writing our legislation, paticularly where the minister for transport says 'although the legislation didn't say it I meant it'. What?

Anyway, the drinking thing for me wasn't working so I ditched it about a year and a half ago. My life is more fun and full now that I can get jokes all the time, provided they are within my smarts!.

Although whoever lasts last is slowest, we always have more to look forward to.