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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