Orana Law Society president Andrew Boog is “certainly not enthusiastic” about a proposal that would allow some motorists caught driving over the blood alcohol limit to keep their licence, and others to receive on-the-spot fines.
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He said the proposal being considered by the NSW government tended to “trivialise the seriousness” of the offences.
Under the plan to align NSW laws with those in Victoria and direct court resources to the most serious offenders, drink-drivers without previous convictions and those who register blood alcohol levels under .10 will not have to face a magistrate.
Mr Boog is concerned the proposal, seen as a “priority area” within the state’s draft Road Safety Plan 2021, would fail to bring home to drivers the “extent to which they have crossed the line”.
“I am certainly not enthusiastic about the proposal because it tends to trivialise the seriousness of what’s happening,” he said.
“The proposal seems to be ‘let’s treat it the same way as littering’.”
Mr Boog saw a fine as being less of a deterrent than having to face court.
“I have difficulty remembering any other offence that is life-threatening that is dealt with with an on-the-spot fine,” he said.
Trivialising the offence was Mr Boog’s most serious concern, but he also said the proposal did not take into account individual circumstances, particularly a person’s capacity to pay a fine.
“Someone who is a well-paid high-flyer would be dealt with the same as someone who is an aged pensioner,” he said.
The solicitor anticipated members of the Dubbo community would “scratch their heads in bewilderment” if the proposal were adopted.
On one hand people were being told drink-driving was a dreadful crime, but “by the way we will deal with it by an on-the-spot fine”, Mr Boog said.
“It’s taken 40-odd years to get through to people. I think this reverses [that progress] - it says drink-driving may not be acceptable, but tolerable,” he said.
In 1980, more than 380 people were killed in alcohol-related crashes compared to 59 deaths last year.
Centre for Road Safety executive director Bernard Carlon said development of any detailed policy would include review of the evidence, and the offences and licence holders that they may apply.
“We would also consider the role of driver education and community attitudes,” Mr Carlon said.
Faye Wheeler
I have been a journalist for more than a decade and in that time I have been keeping Daily Liberal readers up to date about issues affecting them and what's happening in their community. Throughout my career I have covered a range of rounds and most recently I have been focusing on the business round.
I have been a journalist for more than a decade and in that time I have been keeping Daily Liberal readers up to date about issues affecting them and what's happening in their community. Throughout my career I have covered a range of rounds and most recently I have been focusing on the business round.
