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FAQs

Mar 9, 2010

Drink Driving - Private Land?


I was stopped and arrested for drink driving in a Rainbow supermarket car park. I just wanted to know the law regarding driving on private property as a friend has told me that he believes you cannot be arrested for driving offences while on private property. My defence is that I was simply moving my vehicle from the regular short term car park to the long term car park as I realised I was too drunk to drive home but did not wish to be clamped for leaving my vehicle overnight. Does this have any merit?
Category: answers
Posted by: patterson

Answer:

It’s classed as a public road/place for the purposes of the road traffic act if the public have access to it. A supermarket car parked is definitely included I’m afraid.

You are at risk of a minimum 12-month ban but I may be able to help you avoid it.

You have a special reasons argument on the basis of the shortness of distance driven.

If the court agrees then they won't ban you.

Its a difficult argument and involves giving evidence on oath