NCJ Number
73880
Date Published
1979
Length
9 pages
Annotation
The differences between the old and amended law on drinking drivers in South Australia are described; the prosecution and adjudication of the offending driver are compared with English practices; and the effects of the new law on the incidence of drunk driving are discussed.
Abstract
Penalty comparisons are made between the old and new law pertaining to drinking drivers in South Australia. Larger fines and longer periods of imprisonment decreed for first, second, and subsequent offenses are detailed. Increased fines and periods of imprisonment that have also been legislated for refusal of a suspect to submit to breathalyzer and blood tests are also noted. Differences are described between Essex County, England and South Australia processing stages regarding the drinking driver. The following comparisons are drawn: (1) English random breath testing versus a reason to suspect impairment before stopping a driver in South Australia, (2) greater susceptibility to procedural loopholes in England than in South Australia that would enable the driver to escape on a technicality at the preliminary test for indication of blood alcohol level, (3) fewer challenges to the authenticity of breathalyzer readings in Australia than in England, and (4) a much higher number of prosecutions and a greater conviction rate in South Australia than in England. The serious problems posed by juvenile drivers in South Australia, who have a very high accident rate and who are immune from prosecution, are discussed. Also noted is the limited deterrent value of fines and imprisonment penalties due to the low chance of getting caught committing a drinking driving offense. Two tables are provided.