Tuvalu Island Courts Bench Book - Federal Court of Australia

Driving while impaired by alcohol or drugs
Section s23 Traffic Act 1983 (Cap 71)
Description
Every person is guilty of an offence who drives, or attempts to drive,
or is in charge of a motor vehicle while his or her efficiency as a
driver is impaired by drink or drug.
Elements • The person named in the charge is the same person who is
appearing in Court;
• The accused drove, attempted to drive, or was in charge of a
motor vehicle;
• The driver had consumed drink or drug;
• As a result of the drink or drugs, the driver was not able to
drive to a standard expected of a reasonably competent sober
driver.
Commentary
Burden and standard of proof
The prosecution must prove all the elements beyond reasonable
doubt. If the defence establishes to your satisfaction that there is a
reasonable doubt, then the prosecution has failed.
Identification
In Court, the prosecution should identify the person charged by
clearly pointing out that person in Court.
The prosecution must provide evidence to prove that it was the
accused who drove or attempted to drive or was in charge of a motor
vehicle.
Place
There is no express statement that the driving must be on a road.
This appears not to be an essential element, so the driving or
attempted driving may be on private property.
Attempt to drive or in charge of
See the definition of “attempt” in s371 Penal Code. Usually an
attempt involves any action taken in preparation for driving. Sitting
in the driver’s seat with the key in the ignition may be sufficient.
Tuvalu Island Courts Bench Book June 2004