[‘It removes the one anti-recidivism component’: Lawyer criticises new drink driving laws]

A new regulatory framework around drinking driving has passed through the NSW Government.

In a bid to relieve pressure on our court system, low-range drink drivers will now lose their licence for three months and will instantly incur a $561 fine on-the-spot, circumventing the need for court appearances.

But lawyer John Sutton says removing court from the punishment equation  is conducive to recidivism. Offenders won't be sufficiently deterred from re-offending.

“ In implementing an infringement notice system, we remove the one anti-recidivism component, which is actually appearing in court before a magistrate to be told you’re doing the wrong thing, to run the risk of receiving a criminal record, to be told that what you’re doing is anti-coattail behavior and you need to desist.”

“ All that is conducted in a public forum. None of that will exist once the infringement notice is implemented.”

Ultimately, this lack of public scrutiny will amount in a greater repeat offence rate, according to Sutton.

“ (The changes) mean there will be more repeat drink drivers on the roads of NSW. It will have the opposite effect on the road safety campaign.”  

 

Click PLAY below to listen to the full interview:  

[&lsquo;It removes the one anti-recidivism component&rsquo;: Lawyer criticises new drink driving laws]
A new regulatory framework around drinking driving has passed through the NSW Government.
In a bid to relieve pressure on our court system, low-range drink drivers will now lose their licence for three months and will instantly incur a $561 fine on-the-spot, circumventing the need for court&nbsp;appearances.
But lawyer John Sutton says removing court from the punishment equation&nbsp; is conducive to recidivism. Offenders won't be sufficiently deterred from&nbsp;re-offending.
&ldquo; In implementing an infringement notice system, we remove the one anti-recidivism component, which is actually appearing in court before a magistrate to be told you&rsquo;re doing the wrong thing, to run the risk of receiving a criminal record, to be told that what you&rsquo;re doing is anti-coattail&nbsp;behavior&nbsp;and you need to desist.&rdquo;
&ldquo; All that is conducted in a public forum. None of that will exist once the infringement notice is implemented.&rdquo;
Ultimately, this lack of public scrutiny will amount in a greater repeat offence rate, according to Sutton.
&ldquo; (The changes) mean there will be more repeat drink drivers on the roads of NSW. It will have the opposite effect on the road safety campaign.&rdquo; &nbsp;
&nbsp;
Click PLAY below to listen to the full interview:&nbsp;&nbsp;

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