It was reported this year on 60 minutes whereby a mother has been arrested for drink driving after she was found asleep in a car. She was parked in a bus zone in Sydney’s North Shore in November 2018, and should be noted that she recorded a blood alcohol reading of .445 which is 9 times over the legal limit. But in her case it could not be proven that she was driving the vehicle under the influence of alcohol, so she didn’t lose her licence. She had mitigating factors that were brought out in Court.
Namely the day that she was arrested her husband of 24 years had announced that he was leaving her. In a fit of depression she had some wine in the back of her car and after dropping her children off at school had then imbibed with that wine to the extent of it being approximately 2 casks- she had drunk.
It should be noted that even though this was a case where she wasn’t driving the car but was found asleep behind the wheel of the car, it still sends a very dangerous message to the community. The police have now taken up to breathalyse more drivers, namely mothers who are dropping off their children at school in Local Area Commands so that this situation does not cause the death or severe injuries to any children being dropped off at school. The Police in this regard are proactively conducting RBT’s near schools.
There is a further message whereby drivers and especially mothers who are dropping their children off need to be aware that in the early hours of the morning even though they were drinking the night before, alcohol limits and alcohol levels can still be in their blood system the morning after and the day after. Depending on how much they have drunk the night before or the day before, drivers need to be fully aware of their responsibilities behind the wheel especially with young children in the car. They need to make sure that they are under the legal limit of .05, on full licence or 0.02 if Provisional or Learner plates.
If you are caught for a PCA matter or a driving under the influence of alcohol please contact our office on 9525 8100 to have legal assistance in these matters at Court.