Posted November 02, 2018 15:09:56 Driving under the limit is still a criminal offence in Western Australia, and the state’s Supreme Court is set to rule on whether a driver can be fined for having an alcohol concentration of 0.05% or above.
A court heard how the woman was stopped by police in March 2018 on a highway in Gippsland and found to be driving at 0.08%.
The court heard that police took her breath and blood sample and the driver was charged with driving under 0.10% alcohol concentration.
The court also heard that the woman claimed that she had been drinking, but she was unable to provide a reason for her driving.
“She was drunk,” Judge Anne Condon told the court.
“The only thing that would have prevented her from being convicted is if she had consumed more than one drink, but that’s not the only thing.”
The court was told that the prosecution argued that the driver had been impaired by alcohol and that her driving was a contributory factor to the incident.
The woman told the jury that she was not aware that her blood alcohol level was 0.09%, which was higher than the legal limit of 0-0.1%.
The Supreme Court heard the woman had a history of alcohol-related accidents, including one in which she was arrested in 2015.
She was sentenced to two months community service and ordered to pay $10 on top of a $2,000 victim surcharge.
However, the woman said she had taken steps to ensure she had not consumed more alcohol than was legal.
“I did everything I could to get the proper medical assessment and treatment and to not drink,” she told the judge.
The driver was later found guilty of the charge, which carries a maximum fine of $10 000.
Judge Condon said the woman’s actions were not likely to have prevented the incident, but did not want to put the woman in a position of guilt.
She said she would now consider the driver’s legal options.
“What I am deciding is that if the woman can demonstrate she is unable to demonstrate to a reasonable standard of proof that the person who has driven her vehicle was impaired by drink or drugs at the time of the incident,” Judge Coudenhove-Lambert told the woman.
The hearing was told the driver told police that she “was going to take her own life”, but that she did not do so.
“You were going to kill yourself,” the court heard.
The woman has since moved to Perth. “
It’s not like I don’t care that you’re going to jail.”
The woman has since moved to Perth.
The Supreme and Federal Courts are due to rule at 9:00am on November 5.