I recently acted for a client who was charged with the driving offence of being in control of a motor vehicle whilst under the influence of liquor, whilst nude.
Specifically, she was stationary in the carpark of a well known Queensland sports ground, naked, and in the company of a naked member of the opposite sex.
I have previously discussed the law on the driving offence of what it is to be 'in control of a motor vehicile' whilst intoxicated, so I will restrict my discussion in this post to whether or not it is a driving offence to get around the countryside in your birthday suit.
Public Place
It is an offence when a person 'who is so near a public place that the person may be seen from the public place' wilfully exposes their genitals.
Whilst the law on wilful exposure specifically refers to 'genitals', and no other body part, the law on 'indecent act' is quite broad.
It is unlawful to 'wilfully and without lawful excuse' engage in any indecent act in any place where the 'public are permitted to have access'.
The law does not define 'indecent'.
However, the courts have stated that the test is based on 'whether the behaviour was unbecoming or offensive to common propriety' or an 'affront to modesty' or 'would offend the ordinary modesty of the average person'.
Reasonable or Lawful Excuse
Curiously, the law does not apply to a person who does an indecent act 'under the authority of an adult entertainment permit'.
Further, the defence of 'reasonable excuse' would extend to persons driving in emergency situations.
Don't Do It
In a nutshell, it is an illegal driving offence to drive or be in control of a motor vehicle whilst naked.
So, if you are planning on riding your moped down the M1 whilst nude, don't do it.
My client ended up being charged with the driving offence of Drink Driving only, for which I achieved the Mandatory Minimum disqualification.
Wiseman Lawyers specialise in DUI Drink Driving and Traffic Law.
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Queenslanders charged with DUI Drink Driving, Drug Driving or Fail To Provide Specimen face a maximum penalty of a lifetime driver’s licence disqualification, 9 months imprisonment and 28 penalty units.
Persons charged with Careless Driving (Drive Without Due Care & Attention) face a maximum penalty of a lifetime driver’s licence disqualification, 6 months imprisonment and 40 penalty units.
Queenslanders charged with Dangerous Driving, which is a Criminal offence, face a maximum penalty, depending upon the circumstances of aggravation, of 5 years imprisonment, 200 penalty units and a lifetime driver’s licence disqualification.
Persons charged with Disqualified Driving face a maximum penalty of a lifetime driver’s licence disqualification, 12 months imprisonment and 40 penalty units.
Queenslanders charged with Evade Police a maximum penalty of 3 years imprisonment, 200 penalty units and a lifetime licence disqualification.
Persons charged with Repeat DUI Drink Driving, Repeat Drug Driving, Repeat Fail To Provide Specimen, or a Repeat combination of these offences, face a maximum penalty of a lifetime driver’s licence disqualification, 18 months imprisonment and 60 penalty units.
A penalty unit in Queensland is currently worth $113.85.
In addition to the above penalties, anyone who pleads or is found guilty in the Magistrates Court must pay the Offender Levy, which is presently worth $110.90.
Magistrates have a general power to impose up to a lifetime driver’s licence disqualification, above and beyond any legislated disqualification ranges.
Wiseman Lawyers specialise in DUI Drink Driving, Drug Driving, Careless & Dangerous Driving, Evade Police and Drug, Alcohol & Traffic offences.