Case note: under the influence and failing to provide a specimen

The charges

Driving under the influence of liquor, and failing to provide a specimen of breath, both under the Transport Operations (Road Use Management) Act 1995 (Qld).

A failure to provide charge is treated at the level of high range drink driving, which carries a longer disqualification period than a low or mid range reading.

The background

The client was involved in a head-on collision after another vehicle crossed into his lane. He was not at fault for the collision. He had been drinking, and returned a roadside reading of 0.074.

He sustained serious injuries and was taken to hospital. In the confusion that followed, a further specimen required by police was not provided, and both charges were laid.

The combination is a common and harsh one. A driver who was not responsible for the crash ends up facing the disqualification consequences attaching to the most serious drink driving category.

What was done

Submissions were made to police seeking to have the charge reduced, addressing the circumstances at the hospital and the reason the further specimen was not provided.

Those submissions were initially rejected and the matter was listed for hearing. Preparation continued, and negotiations continued alongside it.

The result

A few days before the hearing the negotiations were accepted. The client received a disqualification of one month and a fine.

We have not converted the fine to a current figure because monetary penalties move with the penalty unit value, which is indexed on 1 July each year.

That outcome turned on the specific medical circumstances of that matter. Every matter turns on its own facts, and nothing here suggests a similar result is available in another case.