Got breath tested last night

[SMOKEU]

Last night I was out in my mates car. He has a class 1 learners. I have had my class 1 full for over 2 years so I was the legal 'supervisor'. We got pulled over by the fuzz and they checked our licences, saw that he was on a learners so I showed them my full, and he got breath tested. He had no alcohol at all in his system. I got breath tested and alcohol showed up in my breath. So they did another test on me where I had to blow into a tube to show how much alcohol was in me. I'm of a skinny build so I can't handle much booze and I'm 19 so the limit for me is 150mg of alcohol per litre of breath. I had 4 beers in a 2 hour period so I should have been well over the limit, but I was under. Before the officer breath tested me he said that if I was over the limit he couldn't really do anything to me as I was not driving but the alcohol may affect my ability to supervise my mate. So I want to know should the officer have breath tested me since I was not actually driving? And what could have happened to me if I was over the limit? There is nothing in the road code about the supervisor being intoxicated.

[PirateJafa]

I have always worked to the basis that the supervisor can be intoxicated.

I regularly pick up my folks when they have been drinking, and I'm on my restricted license (six years and counting).

Hopefully this is right, otherwise I'll need to fork out at last for my full test. (SMCers will laugh)

[Mully]

My understanding of the letter of the law is that if the supervisor is intoxicated, then they can be charged. Since technically they are responsible for the vehicle.

Although, I think the cop would have to be having a bad day to have a go at that.

IANAL, so caveat emptor.

[YellowDog]

I don't think that the cop had any right to breathalise you. The law says that you need to be in the car only. So far as I know you could actually be deceased and still be compliant with the law.

Maybe one of our KB cops can throw some light on this?

[Max Preload]

From this, there doesn't appear to be any conditions imposed on the supervisor with regards to sobriety.

I recall when I was learning to drive that the driving instructor would take us in pairs i.e. two learners and himself. He'd always be in the front passenger seat, with one learner driving and one in the rear seat. We were stopped by a Snake once when I was a passenger and the told he couldn't have a passenger. Apparently this is was wrong, the instructor told the snake this, who checked with his supervisor and confirmed this was the case, and that clause appears to confirm it - there is no restriction mentioned regarding carrying passengers in a car when the driver is on their learners.

[avgas]

Say worst case scenario, your mate drives down the road a couple of k's and you both end up round a power pole. Now they have a case to show that the passenger of learner drivers needs to be sober. How do you think they got the "legal alcohol level" - i reality any alcohol makes you impaired - but they had to do something to set a limit.
Either that or it was to scare the shit out of you guys - good cop/bad cop routine to make sure you don't do anything stupid later on. Happened to me frequently in my youth

[Skyryder]

I have no idea if you had have been over the limit whether you would have been charged or not.

But I bet your bottom dollar someone in the Crown Law Office would have given some serious thought to 'doing you.'

This is the stuff of test cases. I think you were lucky.


Skyryder

[Indoo]

But I bet your bottom dollar someone in the Crown Law Office would have given some serious thought to 'doing you.'

Doing him for what exactly?

[scumdog]

I have no idea if you had have been over the limit whether you would have been charged or not.

But I bet your bottom dollar someone in the Crown Law Office would have given some serious thought to 'doing you.'

This is the stuff of test cases. I think you were lucky.


Skyryder

No frikkin need for C.L.O.

There's been a case already where 'supervisor' of driver was done for over the eba limit 'cos they were 'in charge'.

Sorry, can't remember when/who etc.

[Toot Toot]

No frikkin need for C.L.O.

There's been a case already where 'supervisor' of driver was done for over the eba limit 'cos they were 'in charge'.

Sorry, can't remember when/who etc.

Hence the term was coined.. D.I.C. or "Drunk In Charge" of a vehicle

[Malcolm]

you're doing it all wrong. If you're on a learners or restricted and driving with passengers when you shouldn't be - or as in your case the supposed supervisor may be over the limit, you use the excuse:
"I'm sorry, but my mate(s) were at a party and they got too boozed/stoned/ass-pounded to drive home, and they weren't allowed to stay so I went to pick them up. I know it's illegal but I thought it was better than them driving".

Bonus points if one of the passengers is covered in vomit.

[scumdog]

you're doing it all wrong. If you're on a learners or restricted and driving with passengers when you shouldn't be - or as in your case the supposed supervisor may be over the limit, you use the excuse:
"I'm sorry, but my mate(s) were at a party and they got too boozed/stoned/ass-pounded to drive home, and they weren't allowed to stay so I went to pick them up. I know it's illegal but I thought it was better than them driving".

Bonus points if one of the passengers is covered in vomit.

"OK, yer mates can all chip in for the $400 ticket, sorry they can't help with the 25 demerits yer gonna get though.."

[discotex]

"OK, yer mates can all chip in for the $400 ticket, sorry they can't help with the 25 demerits yer gonna get though.."

Driving outside license conditions is a much better outcome than DUI for the supervisor though.

[Malcolm]

worked for me on more than one occasion :P

[Indoo]

No frikkin need for C.L.O.

There's been a case already where 'supervisor' of driver was done for over the eba limit 'cos they were 'in charge'.

Sorry, can't remember when/who etc.

I'd be interested in that case, part of the ingredients of the offence are drove or attempted to drive a vehicle on a road etc, there is no way a supervisor could be charged it would be so utterly ridiculous and against the principle of our incredibly lax drink driving law's.