The Road
Transport Act 2013 section 112 covers the offence of DUI. What is DUI? What Must be proven in court for such charge to be
proven beyond a reasonable doubt? What are the penalties? Well, this article
will be seeking to answer all the above questions!
DUI?
In the
state of NSW, it is against the law and an offence to attempt to use or use a
motor vehicle while under the influence of alcohol or another drug. The term
‘DUI’ is commonly used in Courts, and it stands for ‘Driving under the
Influence’.
Elements
that must be proved Beyond a reasonable Doubt?
A person
will be found guilty of a DUI charge if the prosecution proves the following
elements beyond a reasonable doubt:
The person
has:
·
Driven
a vehicle
·
Occupied
the driver’s seat of a vehicle and attempted to put the vehicle in motion.
·
Occupied
the passenger seat of a car while a learner driver is driving
Whilst
under the influence of drug(s).
Penalties?
After a
finding of guilt or alternatively after a person enters a plea of guilty to the
charge a person can (presuming this is a first offence) be fined 30 penalty
units or even imprisoned for up to 18 months (or even both). For a second or
even a subsequent offence, a person could be fined 50 penalty units or
imprisoned for up to two years (or even both). It should also be noted if
convicted of this offence and in addition to the above-mentioned penalties, the
court also has the complete discretion as to the duration of the licence
disqualification.
It is very important that you speak with a lawyer so that you can
get the appropriate legal advice which you require prior to going to court.
Our team
of experienced solicitors are there for you and can help you answer all your
questions, so be sure to contact
Nicopoulos Sabbagh Lawyers.
*This article correctly reflects the Laws of NSW as at 3rd February 2023.
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