A couple of months ago, my brother had a situation. he was sitting in the back seat of the car. He admitted to sharing a beer earlier that night (4 or 5 hours earlier) and when he was breathalized, it came up 0.0. he paid his fine and the document did not say anything about a license suspension. he than got a document in the mail saying that it would b suspended for 30 days. he is 18 years old.
2007-05-29 11:57:00 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
When you're under the age of 21 in Australia you MUST have 0.0 to be allowed to drive, if not they can take your license away.
Even if he did have a beer 4 or 5 hours earlier, if the breathaliser comes up as 0.0 then they shouldn't be allowed to do anything about it. If he's waited for that long to drive (until all the alcohol is out of his system) then he is being a responsible driver.
There is no law about people holding a licence under the age of 21 not being able to drink at all. That would be ridiculous. All they have to do is make sure that they have no alcohol in their system before they start driving.
If it came up 0.0 as you said, then he is not in the wrong and the police should not be making him pay a fine or taking away his licence.
P.S. Is it 30 days or 3 months?
EVERYONE! THIS IS AN AUSTRALIAN QUESTION! THE DRINKING AGE HERE IS 18 NOT 21, AND THE LAWS ARE DIFFERENT! :)
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I just read it again and from what you said it sounds like he wasn't even driving, he was just in the back seat. If that was the case then NO they should DEFINTELY not have given him a fine OR taken away his license.
2007-05-29 23:06:18 · answer #1 · answered by Anonymous · 0⤊ 0⤋
You're lucky he wasn't busted for zero tolerance (or its equivalent in your state). If that had occurred, his license would be gone until he was 21. By the time the appeal goes through, the suspension will be over with. Tell him to suck it up and wait until he's 21 to drink again.
2007-05-29 20:14:40 · answer #2 · answered by blue_angel29 3 · 0⤊ 0⤋
Most states have laws prohibiting underage drinking, under 21 years old. Your state's laws may have provisions that indicate a person who admits to under age drinking, is penalized by license suspension.
2007-05-29 19:03:46 · answer #3 · answered by ken erestu 6 · 0⤊ 0⤋
Is it 30 days or 3 months?
2007-05-29 19:01:38 · answer #4 · answered by wyllow 6 · 0⤊ 0⤋
Yes, it can indeed be suspended. He admitted to "Minor Consumption," which frequently carries an automatic suspension of driving privileges regardless of whether he was driving or not. No, it would be very costly and NOT effective to appeal this. It's only a misdemeanor.
2007-05-29 19:01:28 · answer #5 · answered by cyanne2ak 7 · 0⤊ 0⤋
Driving is a privilege - they can suspend your license for not paying certain bills. Temporarily suspending a license is a valid option for MIP sentencing. He's lucky he's not going to jail, frankly.
2007-05-29 19:04:29 · answer #6 · answered by Athena 3 · 0⤊ 0⤋
because he was underage drinking it is possible...what state are you in..it may be such a law in your state.
2007-05-29 18:59:14 · answer #7 · answered by Dr. Luv 5 · 2⤊ 0⤋