Driving Offences (including Heavy Vehicle)

Practice Area Overview:

Traffic and Driving Offences

Traffic and Driving matters encompass a wide range of criminal offences. Pace & Associates Lawyers can assist you if you have been charges with any of the following:

Drink Driving;
Drug Driving;
Refusing a Breath Test;
Driving while Suspended or Disqualified;
Heavy Vehicle related Offences;
Careless Driving;
Dangerous Driving;
Reckless Conduct Endangering Life or Serious Injury.

Our experienced team will determine if there is a defence available to you, the relevant costs of defending the charges and the likely outcomes if you were to enter a plea of guilty, including any mandatory minimum suspension or disqualification periods and interlock conditions.

Drink Driving

In most drink driving matters, you will receive an on the spot infringement notice (with an attached monetary fine) and an automatic loss of licence period without the need to attend Court. If you are charged with a high range drink driving offence and required to attend Court or if you have a history of similar offending, it is important to engage experienced legal representation such as Pace & Associates Lawyers, as it is open for the presiding Magistrate to impose a fine through to Community Corrections Orders or an immediate term of imprisonment.

Minimum disqualification periods for Drink Driving

Schedule 1 and 1AB of the Road Safety Act 1986 (Vic) provide the minimum licence disqualification periods are as follows: –

	Drink Driving		Combined Drink and Drug
BAC Level	First Offence	Subsequent Offence	First Offence	Subsequent Offence
Less than .05 (for those on L or P plates or 0 BAC requirements)	3 months	12 months	12 months	24 months
.05 or more but less than .06	6 months	12 months	12 months	24 months
.07 or more but less than .08	6 months	14 months	12 months	26 months
.08 or more but less than .09	6 months	16 months	12 months	28 months
.09 or more but less than .10	6 months	18 months	12 months	30 months
.10 or more but less than .11	10 months	20 months	16 months	32 months
.11 or more but less than .12	11 months	22 months	17 months	34 months
.12 or more but less than .13	12 months	24 months	18 months	36 months
.13 or more but less than .14	13 months	26 months	19 months	38 months
.14 or more but less than .15	14 months	28 months	20 months	40 months
.15 or more but less than .16	15 months	30 months	21 months	42 months
.16 or more but less than .17	16 months	32 months	22 months	44 months
.17 or more but less than .18	17 months	34 months	23 months	46 months
.18 or more but less than .19	18 months	36 months	24 months	48 months
.19 or more but less than .20	19 months	38 months	25 months	50 months
.20 or more but less than .21	20 months	40 months	26 months	52 months
.21 or more but less than .22	21 months	42 months	27 months	54 months
.22 or more but less than .23	22 months	44 months	28 months	56 months
.23 or more but less than .24	23 months	46 months	29 months	58 months
.24 or more	24 months	48 months	30 months	60 months

Interlock Device

Every driver who has lost their licence following an offence committed after 01 October 2014 will also be subject to a mandatory interlock condition once that driver applies to get their licence back after serving the period of disqualification.

While an interlock can be imposed up to a period of 4 years, the mandatory minimum interlock periods are as follows: –

BAC	Minimum Interlock Period
Less than .15	6 months
.15 or more	6 months
Refusal	6 months

Driving Programs

If you have been charged with a drink driving offence with a BAC level of less than .15, you will also be required to complete the Drink Driver Behaviour Change Program. Offences involving a BAC of more than .15 require the completion of the Intensive Drink and Drug Driver Program.

Drug Driving

It is an offence in Victoria to drive a motor vehicle while affected by illicit drugs (or even prescribed drugs in some cases). Drivers who are driving while impaired by drugs can face harsh penalties depending on the circumstances of the case and the drivers history of similar offending.

Be aware that it is also an offence to not cooperate with Victoria Police when they are conducting a drug test or requesting a blood sample.

Failing a Roadside Drug Test

Offence	Penalties
First offence, receiving an infringement notice	Fine (3 penalty units) 6 months suspension of licence
First offence, summoned to appear in court	Fine (12 penalty units) Minimum 6 months licence cancellation Potential conviction recorded
Second offence	Fine (60 penalty units)Minimum 12 months licence cancellation Potential conviction recorded
More than two offences	Fine (120 penalty units)Minimum 12 months licence cancellation Potential conviction recorded

Driving while Impaired by a Drug

Offence	Penalties
First offence	Immediate licence suspension Fine (12 penalty units) Minimum 12 months licence cancellation Potential conviction recorded
Second offence	Immediate licence suspension Fine (120 penalty units) or 12 months imprisonment Minimum 2 years licence cancellation Potential conviction recorded
More than two offences	Immediate licence suspension Fine (180 penalty units), or 18 months imprisonment Minimum 2 years licence cancellation Potential conviction recorded

Contact Pace & Associates Lawyers to schedule an obligation free consultation.

*Please note that we do not offer legal aid.

Pace & Associates Lawyers

Driving Offences (including Heavy Vehicle)

Practice Area Overview:

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