New South Wales Consolidated Acts

ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) ACT 1999 - SECT 10

10 Alternative verdicts for lesser offences

(cf Traffic Act, s 4E (1I)-(1JA))

(1) Alternative verdict for lesser offence in prosecution for middle range prescribed concentration of alcohol If, on a prosecution of a person for an offence under section 9 (3), the court is satisfied that, at the time the person did the act referred to in section 9 (3) (a), (b) or (c), there was not present in the person’s breath or blood the middle range prescribed concentration of alcohol but there was present in the person’s breath or blood the low range prescribed concentration of alcohol, the court may convict the person of an offence under section 9 (2).

(2) Alternative verdict for lesser offence in prosecution for high range prescribed concentration of alcohol If, on a prosecution of a person for an offence under section 9 (4), the court is satisfied that, at the time the person did the act referred to in section 9 (4) (a), (b) or (c), there was not present in the person’s breath or blood the high range prescribed concentration of alcohol:

(a) if the court is satisfied that the middle range prescribed concentration of alcohol was present in the person’s breath or blood-the court may convict the person of an offence under section 9 (3), or

(b) if the court is satisfied that the low range prescribed concentration of alcohol was present in the person’s breath or blood-the court may convict the person of an offence under section 9 (2).

(3) Alternative verdict for lesser offence in prosecution of special category drivers If, on a prosecution of a person for an offence under section 9 (2), (3) or (4), relating to driving a motor vehicle or to occupying the driving seat of a motor vehicle and attempting to put the motor vehicle in motion, the court is satisfied that, at the time the person drove the motor vehicle or occupied the driving seat and attempted to put the motor vehicle in motion:

(a) the person was a special category driver in respect of the motor vehicle, and

(b) there was not present in the person’s breath or blood the high range prescribed concentration of alcohol, the middle range prescribed concentration of alcohol or the low range prescribed concentration of alcohol,

but that there was present in the person’s breath or blood the special range prescribed concentration of alcohol, the court may convict the person of an offence under section 9 (1).

(4) Alternative verdict for lesser offence in prosecution of learner licence holders or provisional licence holders If, on a prosecution of a person for an offence under section 9 (1), (2), (3) or (4), relating to driving a motor vehicle or to occupying the driving seat of a motor vehicle and attempting to put the motor vehicle in motion, the court is satisfied that, at the time the person drove the motor vehicle or occupied the driving seat and attempted to put the motor vehicle in motion:

(a) the person was the holder of a learner licence or a provisional licence in respect of the motor vehicle, and

(b) there was not present in the person’s breath or blood the high range prescribed concentration of alcohol, the middle range prescribed concentration of alcohol, the low range prescribed concentration of alcohol or the special range prescribed concentration of alcohol,

but that there was present in the person’s breath or blood the novice range prescribed concentration of alcohol, the court may convict the person of an offence under section 9 (1A).