Police Offences Act 1935 – SECT 4

4. Drunkenness when in charge of vehicle or in possession of dangerous weapon

(1) A person must not, in a public place, be drunk while in charge of any vehicle or when in possession of any dangerous weapon.

(2) Any police officer may seize and detain any vehicle, liquor or dangerous weapon in the charge or possession of a person whom he finds committing an offence against this section.

An offender is liable on summary conviction to a penalty not exceeding 3 penalty units or to imprisonment for a term not exceeding 3 months.

Any person convicted in respect of any offence under this section committed within 6 months after he has been convicted of that or any other offence thereunder shall be liable to double the penalty hereinbefore prescribed in respect of the offence in respect of which he is so convicted.

The court before which such offender is tried may order the offender to pay any expenses incurred as a consequence of such seizure.

(a) The accused was in charge of the motor vehicle, or was in possession of any dangerous weapon in a public place

(b) The accused was drunk

(a) Duress

(b) Factual dispute

(c) Identification dispute

(d) Lack of intent

(e) Mental impairment

(f) The breath analysing instrument used was not in proper working order or properly operated

Magistrates Court