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REDUCE THE IMPACT OF DRIVING CHARGES

We assess your case with direct legal advice for the best result


Minimising the influence of your driving offence with practical support

Losing your driver’s licence has a much greater impact than simply keeping you off the road – it can have severe consequences for your family, your employment and the enjoyment of your lifestyle and your freedom.

At Thexton Lawyers, our experts have extensive experience representing people charged with all types of offences such as speeding, drink driving, dangerous driving and other serious traffic offences. Our lawyers will work with you to assess your case and determine whether you should plead guilty or challenge the charge. If we believe your challenge has merit, we will defend your rights in Court and apply our extensive knowledge of the law and legal practices to ensure you receive the best outcomes.

Contact us today and let us help minimise the impact of a driving offence on your life.

Drink driving

If you have been charged with drink driving, our lawyers are here to help. You may be able to have your licence reinstated, depending on:

  • whether you had a Learner permit, a probationary or a full licence at the time of
    the offence,
  • any prior drink driving offences and
  • your blood alcohol reading at the time of the offence.

In order to get your licence back you may be required to undergo a drink-driver education program, which helps you understand how alcohol influences your driving and how alcohol is processed by the body. Apart from providing you with useful information, these courses are mandatory to satisfy the Court that you have rehabilitated.

Alcohol interlock orders

You may also require an alcohol interlock order to be re-licenced. This is an order of the Court that requires you to install an alcohol-interlock device in your vehicle. You are required to blow into the device to start the vehicle and are prompted randomly whilst you are driving. If you have higher than .02% alcohol on your breath, you will record a reading and the vehicle will not start.

If you have an alcohol-interlock order on your licence, it is important that you avoid recording any unexplained readings as these will have to be explained to the Magistrate when you apply to have the condition removed.

If you have been caught drink driving, call us for FREE on 1300 388 298 to receive confidential advice on the next steps.

Negligent, reckless or dangerous driving

Section 64 of the Road Safety Act makes it an offence to drive dangerously in the state of Victoria. The penalty is a maximum of two years imprisonment with a mandatory minimum period of disqualification from driving of six months.

If the offence relates to speed in excess of 45km/hr over the speed limit s64(2) says the Magistrate must disqualify the driver for at least 12 months. There is no maximum period. Magistrates can and often do disqualify drivers’ licenses for longer than the mandatory minimum periods.

Dangerous driving

Subsection (1) of the legislation states that dangerous driving is determined by making an objective assessment of the factual circumstances surrounding the driving.

There is an inexhaustible list of matters that the Court can take into account, including:
• the condition of the road,
• the amount of traffic on the road,
• the type of road,
• the speed and
• the nature of the driving itself.

If you have been charged with any of the above offences, act quickly and contact Thexton Lawyers today to give yourself the best chance at protecting your interests.

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Unlicensed driving

Pursuant to section 18 of the Road Safety Act 1986, a person who drives a motor vehicle under any of the following conditions is guilty of unlicensed driving:

(a) Without holding a drivers licence or permit;
(b) In breach of an existing condition; or
(c) Being a person who is exempt.

 

First time offenders usually receive a fine and potentially some period of loss of licence. There is no mandatory minimum period that an offender must be taken off the road in relation to an unlicensed driving charge. It is up to the Court to determine if you lose your licence and for how long.

If you have been charged with any of the above offences, act quickly and contact Thexton Lawyers today to give yourself the best chance at protecting your interests.

Drug driving

More and more people are now being prosecuted for drug driving. Often people are using drugs 24 hours prior to driving and not realising that the drug is remaining in their system.

Drug driving now attracts mandatory periods of disqualifications off the road, varying depending on whether the person being charged has prior relevant matters.

Prior relevant matters, per section 48(2) of the Road Safety Act include previous drink driving offences . For the purposes of determining the mandatory disqualification period, section 50AA tells us that a matter under section 49 of the Road Safety Act will only be considered a prior matter in circumstances where there was a finding of guilt in relation to that matter 10 years prior to the offence date of the current offence.

If you have been charged with any of the above offences, act quickly and contact Thexton Lawyers today to give yourself the best chance at protecting your interests.

FREQUENTLY ASKED QUESTIONS

Our criminal law specialist, Glenn Thexton, provides answers
to your common criminal law questions:

Give yourself the best chance to
protect your freedom

Contact us now for your Obligation-Free case review