.066 First Offence VIC

Get free legal advice from a lawyer in your state.

Moderators: Victorian Lawyer, Edward80

.066 First Offence VIC

Postby Trout » November 22nd, 2016, 10:13 am

Hi,

I recently blew .066 on a roadside RBT.

I was honest with police and admitted that i thought i may have been over so this is on record.

I am from VIC and am under 26 (24).

I have been told by police i will lose my licence for 6 months but there was no mention of interlock being put in after.

I need my car for work as i am required to travel to multiple venues with equipment on a regular basis.

I have a great driving record as well.

Can you tell me if under these circumstances there is any possibility of even a reduction in the 6 months and will i definitely have to have an interlock installed after?
Trout
 
Posts: 1
Joined: November 22nd, 2016, 10:05 am

Re: .066 First Offence VIC

Postby Matthew Eddy » December 1st, 2016, 3:33 pm

Dear Trout,

Thank you for your enquiry.

As with any infringement issued by the Victoria Police, you have three options. Firstly, you can nominate another person as being responsible for the offence. Secondly, you can elect to have the matter heard by the Court and thirdly, you can accept liability and pay the infringement.

This response will focus on the second and third options as it seems that the Police will certainly be able to prove that you were the person who committed the alleged offence.

The offence with which you have been charged is pursuant to s. 49 of the Road Safety Act, most likely s. 49(1)(b). The minimum applicable disqualifications are set out in s. 50 of the Road Safety Act. That section will refer you to Schedule 1 of the Road Safety Act which sets out the minimum terms of disqualification for alcohol related offences - http://www.austlii.edu.au/au/legis/vic/ ... /sch1.html

This minimum period of disqualification applies if you pay the infringement or elect to have the matter heard in court and you are either found guilty or enter a plea of guilty. The Court has no discretion to reduce the minimum term of the disqualification. Unfortunately, even if you have a good driving record and you may lose your job, the Court simply does not have the power to reduce or waive the disqualification period.

In these circumstances, there is no benefit in electing to take the matter to Court as the Magistrate has the power to increase the penalty, increase the disqualification and any plea of guilty will result in an entry on your criminal record (with or without a conviction). By paying the infringement, this offence will appear on your driving record but not your criminal record.

The minimum period of disqualification is 6 months for your offence.

With regard to the interlock requirement, this is set out in Schedule 1B of the Road Safety Act - http://www.austlii.edu.au/au/legis/vic/ ... sch1b.html .Your offence is set out at Item 14A which carries a minimum mandatory interlock period of 6 months. You can seek an exemption from the Interlock requirement from the Court if, in general terms, you have a medical condition which would prohibit the use of the interlock device.

I would recommend that you make enquiries with VicRoads at least 1 month prior to the end of your disqualification period about the steps to get your licence back. You will require a licence eligibility order from a Magistrate in the Magistrates’ Court of Victoria. The Magistrates’ Court will advise you of the course and steps you need to take to be eligible to hold a licence again.

I’m sorry that I can’t provide you with better news but the legislation is very black and white about drink driving offences.
Matthew Eddy | Criminal Lawyer | Armstrong Legal
http://melbourne.armstronglegal.com.au/criminal-law/team/matthew-eddy

T (03) 9620 2777
Level 4, 99 William Street, Melbourne VIC 3000
Matthew Eddy
 
Posts: 1
Joined: December 1st, 2016, 3:28 pm


Return to Ask A Lawyer

Who is online

Registered users: 1CTbGTv2hBm, 1CTbGUgvWy, e0HITv2hBm, PmMTuZsHpI, R5MC68G2vZ

cron