Yes, drink driving is considered a serious offence in Victoria and is treated seriously by the court. Unless you are found not guilty of an offence, if you go to court there will be an entry on both your criminal record and your criminal driving record held by VicRoads.
How can I get out of a drink driving charge in Victoria?
To get out of a PCA drink driving charge, the defence must give or point to evidence that: The accused was not driving or in control of the motor vehicle; or. The accused did not have the PCA or more than the PCA present in their breath or blood while driving (s49(1)(b)); or.
What is the penalty for low range drink driving in Victoria?
If your reading was 0.070 per cent or more, they will cancel your licence and disqualify you from driving for at least: 6 months if BAC 0.05 or more but less than 0.10. 10 months if BAC 0.10 or more but less than 0.11. 11 months if BAC 0.11 or more but less than 0.12.
Does drink driving show on a police check Victoria?
Drink-driving, drug-driving and excessive speeding
Convictions for these offences are spent immediately. This means that they will not show up on your police record check, unless an exemption applies.
Is drink driving a summary offence in Victoria?
Summary offences are generally considered to be less serious. Examples include: road traffic offences – for example, careless driving, drink driving and unlicensed driving.
Does drink driving always go to court?
The answer is yes you do have to appear at court in person!
You are being charged with a criminal offence which carries a minimum mandatory driving disqualification of at least 12 months. Failure to attend court for your hearing may see a warrant issued for your arrest and further charges being brought against you.
Is it worth getting a solicitor for drink driving?
If you get a court summons or are charged with a drink driving related offence by the police you should seek expert legal advice from a solicitor as soon as possible.
How long does it take for a drink driving charge to go to court?
As a general rule however, suspects can expect to wait around 6 weeks for the analysis of a sample. Once the police have a positive result, then the investigation is complete and a formal charge can be brought. When a suspect is charged the police will release them on bail to attend the Magistrates’ Court.
How do you win a drink driving case?
If so, you need to prove that: Before consuming the spiked drink, you were below the legal drink driving limit. You were unaware that the drink was spiked. You had no reason to believe that you were over the legal drink driving limit.
What happens in court for drink driving?
A conviction for driving with excess alcohol and failing to provide a specimen will automatically result in a period of disqualification of at least 12 months, an endorsement on your licence and a punishment ranging from a fined to a period of imprisonment in more serious.
How do police prove driving drunk?
The police have the power to require the provision of specimens of breath, blood or urine when investigating whether a drink drive offence has taken place.
Do police interview you for drink driving?
In many drink driving cases, formal recorded police interviews under caution may not be carried out and may not be necessary. The purpose of recorded police interviews under caution are to gather evidence about a persons involvement or suspected involvement in a criminal offence.
Can you be prosecuted for drink driving without a test?
In other words, you are driving whilst over the drink drive limit. You cannot be convicted of this unless it has been proven that you are over the limit after taking a breath, urine or blood test from the police station. The readings must be taken from a Government approved device such as a breathalyser.
What happens if you get caught drink driving first time?
For first time offenders, drink drivers will be banned for a period of at least 12 months but it can be higher depending on your alcohol reading. If you are convicted of drink driving twice in 10 years then your disqualification will be anything between 36 and 60 months, again, dependant upon your alcohol reading.
How much does a lawyer cost for drink driving?
Only $230 incl GST (Auckland). Other Courts in Greater Auckland $287 incl GST. See if you have a possible defence to your charge. Same-Day or after-hours appointment available.
How long do police have to lay charges Vic?
Statute of Limitations Victoria
The statute of limitations in Victoria is 12-months for summary offences. This means that for less serious offences, police cannot charge a person 12 months after the date of the alleged offence.
What do you say at court for drink driving?
Drink Driving: Five Things You Should Say in Court if You Plead…
- I am guilty.
- I am sorry.
- I have no criminal convictions/a clean driving licence/a good driving record.
- A driving ban will affect me and other people because …
- Please can I do the drink drivers’ rehabilitation course.
Can you lose your job drink driving?
Yes. Being found guilty of drink driving can affect your employment status. Withholding any information regarding known convictions can amount to a criminal offence.
Do you automatically lose your licence for drink driving?
You may know by now that drink driving carries a mandatory driving disqualification. This means that you will be banned if you are convicted of the offence. The only way of avoiding a driving disqualification despite being convicted is by using a special reason.
How do I defend my drink driving charge?
There are several common defences to drink-driving, including: Technical / procedural reasons – if it can be proven that the police did not undertake the alcohol measurement process correctly, sufficient doubt may be cast on the evidence provided by the police to prevent any prosecution.
How many drink driving cases are won?
Our 2016 – 2021 London success rate (securing a Not Guilty verdict) in all drink and drug driving cases is 91% with a 87% success rate in drink driving breath cases, 100% success rate in drink driving blood cases, 100% success rate in drink driving urine cases, 95% success rate in failing to provide a specimen cases