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90yo beats drink driving charge

15 Feb, 2012 10:11 AM
MORUYA lawn bowler 90-year-old Beryl Lavis, who made national news headlines when she was arrested for a drink driving offence, has successfully appealed the matter in the NSW District Court.

Judge Andrew Haesler upheld her sentence appeal before Bega District Court this week and set aside her local court conviction for failing to supply a breath analysis at Batemans Bay police station on September 16 last year.

At the time police alleged the war widow and great grandmother was driving with a high blood-alcohol reading of 0.230 after a road side breath test.

She was charged with a drink driving offence, but this was dismissed last December at Moruya Local Court.

However after pleading guilty, she was convicted of failing to submit to a breath analysis at the police station.

Judge Haesler in lieu of a penalty has given Mrs Lavis a Section 10 dismissal on the matter without recording a conviction.

For the full story, see Friday's Bay Post/Moruya Examiner.

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Date: Newest first | Oldest first
There will probably be a vast number of drink drivers who will want to know how this works. That is, having a roadside RBT reading well in excess of .05 and then being "unable to supply a specimen for a more precise analysis at the police station."


Posted by eyespi, 15/02/2012 12:48:52 PM, on Batemans Bay Post
Well done and you wonder why people don't have any faith in the legal system. And they have the hide to point the finger and blame young peopel. Great example NOT!!!!!!!!
Posted by Karen, 15/02/2012 2:06:35 PM, on Batemans Bay Post
This is just crap how can someone not pass a RBT and get on on all charges and I bet everybody will say she old let her go hell no lock her up do the same as you would do for anyone else so now when someone gets done drink driving don't give police any samples as you no if you give them a sample you will not get off how bloody dum can you be she couldn't give any samples there only 1 reason why she couldn't it is SHE WAS DRUNK what don't you understand this is why there is so much drink driving going on If I had my way I would lock all drink drivers up There no point of have a legal system
Posted by Daniel, 15/02/2012 5:38:48 PM, on Batemans Bay Post
She was on the Highway, she was drunk, and she gets a Section 10!!!!!! Is this Judge a complete idiot? What sort of an precedence is he setting here? If you are old and you drink drive you get a Section 10, but if you are young or middle aged you lose your Licence and get hit with a big fine. At the very least, hit her with a large fine and donate it to charity!
Posted by gobsmacked, 15/02/2012 7:35:40 PM, on Batemans Bay Post
so a mate of mine who was 0.052 gets a 2 year good behaviour bond and she gets nothing?

the law is an ass.

Posted by kristi, 16/02/2012 3:10:09 PM, on Batemans Bay Post
Be as it may but how do I find out when she is likely to be on the road because being killed by some 90 year old drunk driver is not how I want to go.
Posted by Obie, 17/02/2012 2:43:36 PM, on Batemans Bay Post
Well, I'll be buggered, NO 90 year old should have a licence anyway let alone a drunk one. I agree with all the above, the legal system sucks big time.
Posted by amazed, 17/02/2012 6:09:27 PM, on Batemans Bay Post
Your paper ran a headline on Friday "90yo not guilty" which is technically and legally incorrect.

She received a Section 10, which means the incident has been found to be true, but she won't have a conviction recorded against her record. It does not mean that in the eyes of the law she actually was not caught drink driving. She is guilty, and of course if she reoffends she will feel the full force of the law. A section 10 is avaiable to anyone with a good unblemished record. It does not mean they're innocent.

Posted by she is actually still guilty, 18/02/2012 11:38:33 AM, on Batemans Bay Post
yes, 'she is actually still guilty', that may be the case but despite all that legal gobbleygook, the fact remains that the lady did not get a practical punishment that would normally apply to such an offence that would keep her off the road for some time..

u also mention reoffending and feeling the full force of the law.

Posted by nick, 20/02/2012 10:57:46 AM, on Batemans Bay Post
Very uncool. Being killed by a 90 year old drunk is the same as being killed by a 19 year old drunk.


Posted by Ben, 21/02/2012 3:14:27 PM, on Batemans Bay Post
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