1

REID

PROSECUTION ALLEGATIONS

Your Honour, on the date in question the defendant was observed to be travelling in a northerly direction on Glynburn Road at Hazelwood Park just north of the intersection of Glynburn Road and Greenhill Road.

Two officers on police patrol travelling behind the defendant’s vehicle observed the defendant pull out to the right side of the road without indication, overtake a slower moving vehicle, and swerve violently back to the left hand side of the road causing the other vehicle to brake sharply.

The officers pursued the defendant and signalled to her to pull over. Upon speaking to the defendant the two officers noticed that her speech was slurred, and she had difficulty standing without leaning on the car.

The defendant was wearing no shoes and appeared to have hurt her toes on her left foot. When questioned by the police about her injuries, she stated that she did not know how the cut on her left foot came about and kept repeating “I am never going to drink gin again”.

The defendant was taken to the Norwood Police Station where she submitted to a breath analysis test. The reading obtained was 0.201%. She was offered but refused a blood test. She was driven home from the Norwood Police Station.

She was given an instant loss of licence for 6 months. The vehicle was impounded and police are seeking $903.60.

DEFENCE SUBMISSIONS

The defendant is a 54 year old female who is employed in the Commonwealth public Service. She is married and has no children. She resides with her husband at St Morris.

On the evening in question she was at the home of a friend who was depressed and consequently they were both drinking gin and tonic whilst discussing her friend’s unhappy love affair.

She’d arrived at her friend’s home at approximately 1.00pm, but had eaten no lunch and at the time of this incident was going home to have dinner with her husband at St Morris.

The defendant is very embarrassed by her behaviour, which she advises is completely out of character.

She requires her licence for work to carry out field studies and her superiors have indicated her promotional chances will be affected by the disqualification.

The defendant has no prior convictions.

EDUCATIONAL USE ONLY

SOUTH AUSTRALIA

/ COMPLAINT
Magistrates Court of South Australia

Summary Procedure Act, 1921
Sections 49 / Court Use
date filed
Complainant
Name: THE UNDERSIGNED MEMBER OF THE POLICE FORCE
Address:ADELAIDE CRIMINAL JUSTICE SECTION
Defendant
Name: REID, Rebecca DOB......
Address:27 St Alban’s Rd St Morris
Offence details
1.The Complaint of a Member of the Police Force of Adelaide this 27th day of January 2012 who states that Rebecca Reid of 27 St Albans Road St Morris on the 26th day of January 2012 drove a motor vehicle on Glynburn Road while there was present in her blood the prescribed concentration of alcohol.
It is further alleged that the prescribed concentration of alcohol was 0.201 grams in a hundred millilitres of blood.
Section 47(1)(a) of the Road Traffic Act, 1961.
2.On 26th day of January 2012 drove in a manner dangerous
Section 46(1) of the Road Traffic Act 1961
Other orders sought (forfeiture, compensation, additional penalty, destruction or the like – Rule 15.03)
......
DateComplainant Witness
(Registrar, Deputy Registrar or Justice of the Peace)
(Not required if Complainant is a Public Authority)

Road Traffic Act 1961

46—Reckless and dangerous driving

(1) A person must not drive a vehicle recklessly or at a speed or in a manner which is dangerous to the public.

Maximum penalty: Imprisonment for 2 years.

(2) In considering whether an offence has been committed under this section, the court must have regard to—

(a) the nature, condition and use of the road on which the offence is alleged to have been committed; and

(b) the amount of traffic on the road at the time of the offence; and

(c) the amount of traffic which might reasonably be expected to enter the road from other roads and places; and

(d) all other relevant circumstances, whether of the same nature as those mentioned or not.

(3) Where a court convicts a person of an offence against subsection(1), the following provisions apply:

(a) the court must order that the person be disqualified from holding or obtaining a driver's licence—

(i) in the case of a first offence—for such period, being not less than 12months, as the court thinks fit; or

(ii) in the case of a subsequent offence—for such period, being not less than three years, as the court thinks fit;

(b) the disqualification prescribed by paragraph(a) cannot be reduced or mitigated in any way or be substituted by any other penalty or sentence unless, in the case of a first offence, the court is satisfied, by evidence given on oath, that the offence is trifling, in which case it may order a period of disqualification that is less than the prescribed minimum period but not less than one month.

(4) In determining whether an offence is a first or subsequent offence for the purposes of this section, only a previous offence against subsection(1) for which the defendant has been convicted that was committed within the period of five years immediately preceding the commission of the offence under consideration will be taken into account.

(5) It is a defence to a charge of an offence against this section for the defendant to prove that he or she was, at the time of the offence—

(a) carrying out duties as an emergency worker; and

(b) acting in accordance with the directions of his or her employingauthority; and

(c) acting reasonably in the circumstances as he or she believed them to be.

47B—Driving while having prescribed concentration of alcohol in blood

(1) A person must not—

(a) drive a motor vehicle; or

(b) attempt to put a motor vehicle in motion,

while there is present in his or her blood the prescribed concentration ofalcohol as defined in section47A.

Penalty:

(a) for a first offence—

(i) being a category 1 offence—$1 100;

(ii) being a category 2 offence—a fine of not less than $900 and not more than $1300;

(iii) being a category 3 offence—a fine of not less than $1100 and not more than $1600;

(b) for a second offence—

(i) being a category 1 offence—$1 100;

(ii) being a category 2 offence—a fine of not less than $1100 and not more than $1600;

(iii) being a category 3 offence—a fine of not less than $1600 and not more than $2400;

(c) for a third or subsequent offence—

(i) being a category 1 offence—$1 100;

(ii) being a category 2 offence—a fine of not less than $1500 and not more than $2200;

(iii) being a category 3 offence—a fine of not less than $1900 and not more than $2900.

(3) Where a court convicts a person of an offence against subsection(1), the following provisions apply:

(a) the court must order that the person be disqualified from holding or obtaining a driver's licence—

(i) in the case of a first offence—

(AA) being a category 1 offence—for such period, being not less than 3months, as the court thinks fit;

(A) being a category 2 offence—for such period, being not less than 6 months, as the court thinks fit;

(B) being a category 3 offence—for such period, being not less than 12 months, as the court thinks fit;

(ii) in the case of a second offence—

(A) being a category 1 offence—for such period, being not less than 6 months, as the court thinks fit;

(B) being a category 2 offence—for such period, being not less than 12 months, as the court thinks fit;

(C) being a category 3 offence—for such period, being not less than 3 years, as the court thinks fit;

(iii) in the case of a third offence—

(A) being a category 1 offence—for such period, being not less than 9 months, as the court thinks fit;

(B) being a category 2 offence—for such period, being not less than 2 years, as the court thinks fit;

(C) being a category 3 offence—for such period, being not less than 3 years, as the court thinks fit;

(iv) in the case of a subsequent offence—

(A) being a category 1 offence—for such period, being not less than 12 months, as the court thinks fit;

(B) being a category 2 offence—for such period, being not less than 2 years, as the court thinks fit;

(C) being a category 3 offence—for such period, being not less than 3 years, as the court thinks fit;

(b) the disqualification prescribed by paragraph(a) cannot be reduced or mitigated in any way or be substituted by any other penalty or sentence unless, in the case of a first offence, the court is satisfied, by evidence given on oath, that the offence is trifling, in which case it may order a period of disqualification that is less than the prescribed minimum period but not less than one month;

(d) if the person is the holder of a driver's licence—the disqualification operates to cancel the licence as from the commencement of the period of disqualification;

(e) the court may, if it thinks fit to do so, order that conditions imposed by section 81A or 81AB of the Motor Vehicles Act1959 on any driver's licence issued to the person after the period of disqualification be effective for a period greater than the period prescribed by that section.

(4) In determining whether an offence is a first, second, third or subsequent offence for the purposes of this section (other than subsection(5)), any previous drinkdriving offence or drug driving offence for which the defendant has been convicted will be taken into account, but only if the previous offence was committed within the prescribed period immediately preceding the date on which the offence under consideration was committed.

(5) If a person aged 16 years or more is alleged to have committed a category 1 offence that is a first offence, the person cannot be prosecuted for that offence unless he or she has been given an expiation notice under the Expiation of Offences Act1996 in respect of the offence and allowed the opportunity to expiate the offence in accordance with that Act.

(6) In determining whether a category 1 offence is a first offence for the purposes of subsection(5), any previous drink driving offence or drug driving offence for which the defendant has been convicted or that the defendant has expiated will be taken into account, but only if the previous offence was committed or alleged to have been committed within the prescribed period immediately preceding the date on which the offence under consideration was allegedly committed.