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Wanniassa woman on a wild night out

By johnboy - 10 February 2012 18

A 25-year-old Wanniassa woman reported as being involved in a collision in Kambah early this morning (Friday, February 10) was later apprehended for drink-driving.

Around 1.00am police attended the corner of Sulwood Drive and Inkster Street in Kambah after the report of a single vehicle collision at that location. According to witnesses, the driver of the vehicle had left the scene.

Police attended an address in Wanniassa where they located the driver. She underwent a screening test which returned a positive result. She was taken to the Tuggeranong Police Station where she recorded an Alcohol Contact (AC) of .158. She was given an Immediate Suspension Notice.

She will be summonsed to appear in the ACT Magistrates Court at a later date.

[Courtesy ACT Policing]

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18 Responses to
Wanniassa woman on a wild night out
Tooks 8:03 am 11 Feb 12

devils_advocate said :

KeenGolfer said :

Devils_advcate, you are wrong on all counts. As long as the initial screening test is conducted within 2 hours of the accident then that’s sufficient, as long of course if they also blow over back at he station after conducting breath analysis. Police can screen you anywhere after an accident, including at home.

Also, any drinks you may have post the accident count towards your breath analysis result. It’s your bad luck (and stupidity) if you keep drinking after doing a runner from an accident. No holes to shoot down at all in that regard. It happens more times than you probably think.

I suggest you read the road transport alcohol and drugs act 1977, it’s all in there.

I’m not suggesting they don’t have the power to administer the test(s). What I’m saying is, they still have to prove the offence charged. Evidence of a positive test (and the circumstances in which the test was administered) is just that – evidence.

Bet you $50 she gets found guilty – doesn’t matter who her lawyer is.

AnimosiTy 12:37 am 11 Feb 12

she was STUPID to leave the scene if any major damage was caused… only the guilty and dumb run!!!

liability 3:56 pm 10 Feb 12

In regards to the question about whether they can breath test you once you made it home, they certainly can – provided you were the driver of a motor vehicle involved in an accident. Other than that for normal breath testing the “home safe” rule applies, if you make it home they can’t breath test you there. The police might very well charge you with a heap of other offences such as driving under the influence [based on their observations], but they can’t breath test you once you make it home.

devils_advocate 2:55 pm 10 Feb 12

KeenGolfer said :

Devils_advcate, you are wrong on all counts. As long as the initial screening test is conducted within 2 hours of the accident then that’s sufficient, as long of course if they also blow over back at he station after conducting breath analysis. Police can screen you anywhere after an accident, including at home.

Also, any drinks you may have post the accident count towards your breath analysis result. It’s your bad luck (and stupidity) if you keep drinking after doing a runner from an accident. No holes to shoot down at all in that regard. It happens more times than you probably think.

I suggest you read the road transport alcohol and drugs act 1977, it’s all in there.

I’m not suggesting they don’t have the power to administer the test(s). What I’m saying is, they still have to prove the offence charged. Evidence of a positive test (and the circumstances in which the test was administered) is just that – evidence.

KeenGolfer 1:38 pm 10 Feb 12

Devils_advcate, you are wrong on all counts. As long as the initial screening test is conducted within 2 hours of the accident then that’s sufficient, as long of course if they also blow over back at he station after conducting breath analysis. Police can screen you anywhere after an accident, including at home.

Also, any drinks you may have post the accident count towards your breath analysis result. It’s your bad luck (and stupidity) if you keep drinking after doing a runner from an accident. No holes to shoot down at all in that regard. It happens more times than you probably think.

I suggest you read the road transport alcohol and drugs act 1977, it’s all in there.

devils_advocate 1:06 pm 10 Feb 12

zander said :

As a few others have mentioned it would not be a “random” breath test, the person would have to be arrested in relation to the traffic incident and then tested at the station. Any drinks you have had in the mean time would still show up on the test.
Also the tests done at the roadside are not used officially, if positive, they allow police to test you formally, either at the station or in the big bus if they have one there.

I was involved in a case like this, it involved a malicious complaint and drinking after the individual had arrived home. Although this was now more than 6 years ago.

In summary, yes they can arrest you and test you. However, if the crime being charged is DUI, then evidence of a test administered up to 2 hours after the person has arrived home is relevant but not conclusive. Certainly direct evidence from the individual (and/or witnesses) would be more pursuasive.

Of course this depends on the facts and evidence given. If, somehow, they administered the test, showed a blood alcohol level about the prescribed concentration, and then they somehow proved no further drinking at home (a long shot) this could sustain a conviction. But how any competent lawyer would a) not get any admissions thrown out and b) advise their client to admit to the fact situation is beyond me.

Very Busy 12:53 pm 10 Feb 12

It was worth a try – Kate Carnell got away with it.

zander 12:37 pm 10 Feb 12

devils_advocate said :

zander said :

pptvb said :

Are they able to test her after she has been home?
What if she had a drink at home before they arrived?

thats too bad, any drinks consumed between the incident and the test still count.

uh,… no.

This is why random breath testing is conducted on the roadside, and not at people’s houses.

This is also why people are expected to remain at the scene of an accident and the breathalyser is administered on the spot.

Any competent lawyer will be able to shoot holes in this.

As a few others have mentioned it would not be a “random” breath test, the person would have to be arrested in relation to the traffic incident and then tested at the station. Any drinks you have had in the mean time would still show up on the test.
Also the tests done at the roadside are not used officially, if positive, they allow police to test you formally, either at the station or in the big bus if they have one there.

Keijidosha 12:08 pm 10 Feb 12

As I understand it, Police cannot legally conduct a roadside breath analysis on private property. However they can arrest someone based on observation and conduct a BAC test at a Police station. There is a slight difference in the charge for the offence, but the end result is basically the same.

Skidd Marx 11:23 am 10 Feb 12

Wanniassa women do, and they don’t regret it.

aceofspades 11:22 am 10 Feb 12

pptvb said :

Are they able to test her after she has been home?
What if she had a drink at home before they arrived?

Yes, so long as they test within 2 hours of driving.

MonarchRepublic 11:19 am 10 Feb 12

The Times is reporting that police believe she may have left her 3 year old at home unsupervised while she went driving too……

devils_advocate 11:03 am 10 Feb 12

zander said :

pptvb said :

Are they able to test her after she has been home?
What if she had a drink at home before they arrived?

thats too bad, any drinks consumed between the incident and the test still count.

uh,… no.

This is why random breath testing is conducted on the roadside, and not at people’s houses.

This is also why people are expected to remain at the scene of an accident and the breathalyser is administered on the spot.

Any competent lawyer will be able to shoot holes in this.

zander 10:51 am 10 Feb 12

pptvb said :

Are they able to test her after she has been home?
What if she had a drink at home before they arrived?

thats too bad, any drinks consumed between the incident and the test still count.

pptvb 10:39 am 10 Feb 12

Are they able to test her after she has been home?
What if she had a drink at home before they arrived?

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