A prominent Orange solicitor has slammed a plan that could see low-range drink drivers slapped with a fine rather than being sentenced in a local court.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Campbell Paton and Taylor solicitor Mason Manwaring said drink-driving should not be trivialised.
“By introducing an on-the-spot fine it might encourage people to take the risk and `cop the fine’; it is common for drivers to do this with minor traffic infringements,” he said.
Mr Manwaring said in his experience low-range drink-driving offences do not take up too much time in the local court and being required to attend court conveys the seriousness of the charge to the defendant driver.
“Moreover, defendants are encouraged, before their matter is finalised in court, to complete the traffic offenders program,” he said.
“This program is an excellent way of educating drivers of the dangers of drink-driving and hopefully assisting in the deterrence of such conduct in the future. Attending the course would not occur if a fine only was imposed.”
The proposal is to be considered by the NSW government and has been included in the draft Road Safety Plan 2021.
The aim is to declutter the NSW court system and would align NSW with drink-driving laws in Victoria.
It could see drink drivers without previous convictions and those with blood alcohol levels under 0.10 not having to face a magistrate.
Member for Orange Phil Donato is concerned people might take more risks if they know they don’t have to go to court for low to low-mid range drink-driving.
Mr Donato is a former police prosecutor and said attending court is a deterrent for people who have to take a day off work, tell their family, friends and employer what they have done to get a reference and then have to stand up publicly in court in front of a magistrate.
“If you want to declutter courts, the best way to do that is for the government to appoint more magistrates and judges,” Mr Donato said.
“I don’t think that having matters dealt with by infringement notice will have the same deterrent factor.”
Mr Donato said campaigns have also led to a decrease over the last four decades in the number of people killed by drink driving and that needs to continue and he wants more learner drivers to attend driver education programs.
Orange and Cabonne road safety officer Andrew Hamilton-Vaughan said drink driving is one of the three big killers on the road and doesn’t want people to think it’s not serious.