Per 2006 refusal case, broadmeadows magistrates court

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Per 2006 refusal case, broadmeadows magistrates court

Postby Admiral14 » May 14th, 2012, 4:07 pm

Hello, I refused a breath test in 2005 and received a 4 year loss of licence as was a 2nd offence, .051 in 2002 no loss of licence.

Now that the first offence has dropped off the bottom of the 10 year window, I'm attempting to re licence as we speak.

After differing information from Melbourne magistrates court and broadmeadows magistrates courts in relation to whether it was required of me to sit multiple assessments 12 months apart, Broadmeadows has advised it isn't required as my refusal offence occurred prior to legislation change in 2006.

I'm booked to obtain an assessment and sit the drink driver education program over the next 3 weeks and intend to apply for a relicencing hearing date at Broadmeadows Magistrates Court, next Tues 29 th May, thus securing a hearing date around the 27th June 2012.

An interlock restriction on my relicencing creates many difficulties for me and am hoping to avoid the stigma associated as Im applying for new employment shortly with positions providing a vehicle with the role. In relicencing, I'll need to resist my licence test with VicRoads as I haven't held a licence for over 5 years.

Being my refusal offence was in 2005 is it discretionary interlock or mandatory, and if it is discretionary, will representation or other support reduce the chance of the imposition of the restriction by the court.

Thank you
Posts: 1
Joined: May 14th, 2012, 3:46 pm

Re: Per 2006 refusal case, broadmeadows magistrates court

Postby Victorian Lawyer » May 16th, 2012, 12:11 pm

Answer assumes the following;

1. 25 years or over at the time of the refusal offence.
2. Date Refusal offence occurred before 11.10.2006
3. The date of exceed PCA offence was prior to 16.5.2002.

Two assessments the first 12 months prior to the restoration application. The 2nd within 28 days of the restoration hearing. It is possible to abridge the time between both applications and this is done by way of separate application to court (fee of $37). Application is made after the first assessment.

If the CRT grants the application a discretionary period of 6 months applies. So Magistrate doesn't have to impose license restoration.

Although the CRT may deal with the matter on the basis of the 10 year rule, the Magistrate will still be aware of the earlier offence in 2002. For this reason it is important to make sure the arguments against mandatory license loss are put to the Court as persuasively as possible.

For this reason it is a good idea to be represented.
Bill Doogue | Criminal Lawyer | Doogue & O'Brien
T (03) 9670 5121
Level 5, 221 Queen St Melbourne 3000
Victorian Lawyer
Posts: 22
Joined: September 1st, 2011, 11:31 am

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