Barry Baines - Solicitor-Advocate (Higher Courts Criminal) - Attorney-at-law (State of New York)
 

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COMPLIANCE & REGULATION LAWYER BARRY BAINES says first time drink drivers may face fixed penalties

Tuesday, April 29th, 2008

Government is considering lowering the drink/drive limit from 80 milligrams per 100 millilitres of blood to 50 milligrams.  (The Times: 21.04.08)

 

The proposal is that the existing mandatory disqualification for a minimum 12 –month period will not apply to first offenders.  Instead, they will receive 6 points on their licences and be disqualified only if they offend again within a period of 5 years.

 

The notion that 6 points is an appropriate penalty is an indicator that they are envisaging a fixed penalty fine to go with it, thus maximising revenue whilst keeping offenders out of court.

 

One wonders what real benefits are envisaged from such a scheme.  In 2006 540 people were killed in drink-drive crashes and currently around 95,000 drivers a year are banned for at least 12 months for failing a breath test or refusing to be tested.

 

Under the current law most offenders are fined fairly heavily (depending upon the level of alcohol in the blood) and a graduated period of disqualification is imposed.  A driver with twice the legal limit of alcohol in the blood can expect to receive a disqualification from around 20 months to 2 years.  A second conviction within 10 years carries a compulsory disqualification of at least 3 years.

 

At first sight the proposed change to the law would seem to do nothing to make our roads safer.  It will mean merely that a greater number of irresponsible drinking drivers will keep their licences and thereby remain a danger to the law abiding public.

 

If, however, this is just another government measure to raise money by seeking a further excuse to fine a greater number of motorists without regard for the safety of road users in general, then no doubt more money will flow into the Treasury’s coffers.

 

The public would be better protected by retaining the existing scheme but imposing an automatic 6 month ban for offenders convicted with readings between 50 and 80 milligrams, and bring it home with a national advertising campaign along the following lines:   IF YOU DRINK AND DRIVE YOU WILL  BE DISQUALIFIED FROM DRIVING.


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