Question: Research has shown that a person driving while under the influence of alcohol has a 45% higher chance of being injured or killed in an
Research has shown that a person driving while under the influence of alcohol has a 45% higher chance of being injured or killed in an accident.
In response to this risk, the Western Australian Government passed the:
Operating Vehicles Whilst Intoxicated Act 2025 (WA) [a fictitious Act], section 14 of which provides: 14. No person shall operate a motorcar, truck, motorcycle or similar vehicle on a road, highway or other public thoroughfare while intoxicated by alcohol or other substances.
Toni had been celebrating a Hen's Night with friends at a Subiaco pub as she was to be a bridesmaid at her best friend Scarlett's upcoming wedding and had been drinking most of the afternoon. Although she had earlier driven to the pub, she was concerned about driving after the pub session so instead borrowed an electric mountain bike from a friend so she could get home to Victoria Park.
She did some practice on the nearby Subiaco Village Green bike path to get used to the mountain bike. Sometime later, as she was riding along the City bike path, Toni was stopped and charged with a breach of section 14 by a Western Australian Police Traffic Branch Officer Abbie, who was driving along Subiaco Road and had noticed Toni was riding in an erratic fashion on the nearby bike path and was clearly intoxicated.
Question: Using the four-step process and the common law, purpose and ejusdem generisrules of statutory interpretation discuss whether Toni is/is not likely to be in breach of section 14.
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