Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actsinsert
7A Aggravated offence—furious, reckless or dangerous driving
(1) An offence committed by a person against section 7 (the current offence") is an " aggravated offence if—
(a) any of the following circumstances existed at the time of the current offence:
(i) the person without reasonable excuse, failed to comply with a request or signal given by a police officer to stop the vehicle;
(ii) the person was driving with the prescribed concentration of alcohol in their blood or breath;
(iii) the person was driving with a prescribed drug in their oral fluid or blood;
(iv) the person was driving while under the influence of intoxicating liquor or of a drug to such an extent as to be incapable of having proper control of the vehicle;
(v) the person was driving at a speed that exceeded the speed limit by more than 30%;
(vi) the person was driving in a way that put at risk the safety of a vulnerable road user;
(vii) the person was driving with a person younger than 17 years old in the vehicle; or
(b) the person is a repeat offender.
(2) For subsection (1) (a) (ii), evidence may be given of the concentration of alcohol in the person's blood or breath based on—
(a) for proof of the concentration of alcohol in the person's blood or breath—an analysis of a sample of the person's breath carried out in accordance with the Road Transport (Alcohol and Drugs) Act 1977
; or
(b) for proof of the concentration of alcohol in the person's blood—an analysis of the sample of the person's blood carried out at an approved laboratory and certified accurate by an analyst in accordance with the Road Transport (Alcohol and Drugs) Act 1977
.
(3) For subsection (1) (a) (iii), evidence may be given that a person has a prescribed drug in the person's oral fluid or blood based on—
(a) for proof of presence of a prescribed drug in the person's oral fluid—an analysis of a part of a sample of the person's oral fluid under the Road Transport (Alcohol and Drugs) Act 1977
, section 13G (Oral fluid—confirmatory analysis) that indicates that a prescribed drug is present in the sample; or
(b) for proof of the presence of a prescribed drug in the person's blood—an analysis of a part of a sample of the person's blood under the Road Transport (Alcohol and Drugs) Act 1977
, section 15A (Analysis of blood samples) that indicates that a prescribed drug is present in the sample.
(4) In this section:
"prescribed concentration", of alcohol in a person's blood or breath—see the Road Transport (Alcohol and Drugs) Act 1977
, section 4C.
"prescribed drug"—see the Road Transport (Alcohol and Drugs) Act 1977
, dictionary.
"repeat offender"—a person is a repeat offender if—
(a) the person has been convicted or found guilty of an offence against section 7 or the Crimes Act 1900
, section 29 (Culpable driving of motor vehicle) at any time before the current offence was committed (whether or not the person has been convicted or found guilty of the offence when the person committed the current offence); or
(b) the person is convicted or found guilty of 1 or more offences against section 7 or the Crimes Act 1900
, section 29 concurrently with being convicted of the current offence, and 1 or more of the offences were committed before the current offence.
"vulnerable road user" means a road user other than the driver of, or passenger in, an enclosed motor vehicle.
Examples—vulnerable road users
1 pedestrians
2 cyclists
3 motorcyclists
4 riders of animals
5 users of motorised scooters
6 users of segways
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act
, s 126 and s 132).
7B Alternative verdicts—furious, reckless or dangerous driving—aggravated offence
(1) This section applies if, in a prosecution for an aggravated offence against section 7, the trier of fact is satisfied beyond reasonable doubt that the defendant committed an offence against section 7 but is not satisfied that the defendant committed the aggravated offence.
(2) The trier of fact may find the defendant guilty of an offence against section 7 but not guilty of the aggravated offence charged, but only if the defendant has been given procedural fairness in relation to that finding of guilt.