NB: I think drinking something alcoholic while driving is a bad idea because if nothing else it's going to make for a lot of splain'n if you get pulled over, but when people make definitive statements that something is against the law, they should be prepared to tell us what law it is against.
i-n-horz,
Sep 22, 9:49am
I guess the beer doesn't talk back and interfere with concentration unless you have more than the limit then it's in the same league as a cell-phone if not worse.
usdefault,
Sep 22, 9:53am
Gilligan I'm Idiot!
You're the idiot, that's the difference, and you can never argue with an idiot.
Ring your local cop shop and ask them.They have a specific rule for a driver having an open beer in a vehicle.
They have further laws for a passenger drinking piss whilst someones on their restricted etc etc. I used to be a lawyer.
You might learn something. But don't call me an Idiot when you can't prove me right or wrong by calling your local cop shop and asking.
I know the rules.you clearly don't.
sr2,
Sep 22, 10:10am
Suprisingly it is not illegal in NZ to have open booze bottles in your car and yes you can have a drink while driving as long as you're under the limit!
usdefault,
Sep 22, 10:17am
Wrong.
Just rang Auckland Police.
Driving whilst drinking a beer is the same offence as driving whilst under the influence of drugs.
Driving with alcohol in your system, and whilst under the limit is not an offence.
Yes, we can all se the grey area, and it may be open to interpretation, but if any of you 'driving with a beer is fine' knuckleheads want to try it through a checkpoint, let me know how you get on.
I went through a checkpoint drinking a beer (my first beer of the night) of course I failed the initial test that detects it on your breath. I got out of the car and blew in the bag, and of course passed. And was free to go. For this reason I believe it is not illegal to be drinking alcohol while driving - providing you are not over the limit.
usdefault,
Sep 22, 10:22am
Part 2
Sections, 7 and 8 is the first port of call.
And that's not even looking at the Act in depth.
carl111,
Sep 22, 10:23am
Tried it - not illegal.
usdefault,
Sep 22, 10:25am
Try thisw one if you knock some kid over on your 'first beer'
Causing bodily injury or death through reckless or dangerous driving or driving while under the influence of drink or drugs [Repealed]
Sections 54, 55, 56, and 57 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
usdefault,
Sep 22, 10:27am
Contents ??? Part 2 Primary responsibilities of participants in land transport system 11A Persons may not drive or attempt to drive while impaired and their blood contains evidence of use of qualifying drug A person may not drive or attempt to drive a motor vehicle while??
bitsy_boffin,
Sep 22, 10:28am
I fail to see how paragraph 8 applies at all it relates to consideration for other road users.
7 can be applied, but only in so far as it can be applied for anything similar to drinking, be it drinking from a water bottle, eating a sandwich, etc
To your specific:
"Driving whilst drinking a beer is the same offence as driving whilst under the influence of drugs."
You miss that there is a requirement of impairment.If you are under the limit, you are unlikely to be impaired, and if you are impaired but under the limit (nothing to do with drinking while driving) you could be charged under section 7, 11A and 12 anyway.
mwood,
Sep 22, 10:30am
Drinking and driving is just plain stupid - if you run over someone you'll spill ya piss !
bitsy_boffin,
Sep 22, 10:31am
Impaired being the operative word!
This has nothing to do with the question at hand, it has nothing to do with drinking an alcoholic beverage whilst driving but in so much as you are "under the limit", if you are under the limit, you are not (by general definition) going to be impaired.And if you are impaired but under the limit, it matters not how or when you got into that state, if it was drinking said beer in the bar before you left, while walking to the car park, or in the car.
pollymay,
Sep 22, 10:36am
You can't just wait till you get home! It's probably not illegal but even the distraction of having a cool one can take your attention. If it's bumper to bumper traffic then eh go nuts not like one is going to make to fly into the car in front out of control. At highway speeds though I'd definitely consider just waiting and knocking back another twice as fast when you get home :)
usdefault,
Sep 22, 10:39am
You tell me a good lawyer couln't nail you on the 'impaired' part of the legislation!
Alcohol impairs, doesn't matter who you are.
Just hope you only took the top off and weren't near the bottom of that stubbie.
usdefault,
Sep 22, 10:41am
.But you spilt it didn't you when you smashed into that young family of five driving back from the Waikato.
Wasn't your fault though was it.you weren't distracted.
Bet you wouldn't tell the judge you were only having one.
Idiot.
pollymay,
Sep 22, 10:41am
A good lawyer can do you for sitting on your own couch. It's circumstantial. I'm most certainly against being on the highway speeding along swilling a brew, however sitting in traffic almost home who cares! Logically one brew in traffic is not going to affect you even if I wouldn't do it or really approve. It doesn't affect me at all so why worry.
crzyhrse,
Sep 22, 10:52am
I don't know why you're even bothering to converse with this idiot 'usdefault'.
usdefault,
Sep 22, 10:54am
Do you dribe Polly, or walk on the streets!
Yes, you do, so of course it affects you. Sitting in traffic almost home makes it less of an offence than if you have 10 km's to go!
Do pedestrians, other drivers or innocent parties care how far you are from home before you damage them through your impairment!
Jesus.
pollymay,
Sep 22, 10:57am
Yeah nah sorry it does make a difference and I already said I don't approve but it really isn't going to affect me and if it does then it probably wasn't the one drink then they were more than likely not paying attention. 2 different things.
Maybe if I see you in traffic I'll try it sometime, what do you drive, where do you drive it and do you have the rego number handy so I can try it out!
usdefault,
Sep 22, 10:57am
crzyhorse.
Your stupidity proceeds your intelligence.
You advocate driving whilst swilling a beer!
Muppet.
usdefault,
Sep 22, 10:58am
Only the cnuts left in NZ.all the half decent people left years ago.
pollymay,
Sep 22, 11:03am
What year! Just curious
usdefault,
Sep 22, 11:04am
1855.
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