Do you have to go to court for drink driving Victoria?
Do you have to go to court for drink driving Victoria?
Being caught driving with a blood alcohol concentration (BAC) exceeding the legal limit is a very common offence in Victoria. Generally speaking, though, when you are caught driving with a BAC that exceeds the legal limit you will be required to go to Court.
What happens if I plead guilty to drink driving?
A conviction will result in a mandatory disqualification of at least 12 months and is often in the region of 18 months or longer. As well as a disqualification you could be fined, given a community order or sentenced to up to 6 months in prison.
Can you appeal drink driving ban?
Ensure they have sufficient experience dealing with appeals because they will need to prepare evidence, testimonies and a persuasive argument that convince the court your driving ban should be revoked. They may choose to uphold the ban, overturn it, or send you to the Magistrate’s Court for an appeal hearing.
Can you be jailed for drink driving?
Driving under the influence of alcohol is a criminal offence. Being found guilty of driving while above the legal drink-driving alcohol limit will result in punishment that could affect the rest of your life. If you are found guilty of drink-driving you can be fined, banned from driving or even imprisoned.
Do you need solicitor for drink driving offence?
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. Even if you think you do not have a defence and intend to plead guilty, your solicitor will advise you on many legal aspects.
How long does a driving ban stay on your licence?
Most driving bans last between 7 – 56 days. For example; bans related to speeding. More serious offences like drink driving or causing a serious accident will be much longer. Typically, if you get 12 or more points within 3 years you will be banned for 6 months.
Do you need a solicitor for drink driving charge?
How long is court for drink driving?
How long will the hearing last? Hearings of this nature are normally fairly swift. 15 to 30 minutes is the norm.
What happens in Victoria’s Magistrates Court?
The Magistrates’ Court of Victoria hears matters about different driving and traffic offences such as parking violations, exceeding the speed limit and drug driving. Most driving and traffic offences incur a fine and/or loss of demerit points.
What happens in the Magistrates Court for driving offences?
The Magistrates’ Court also hears applications for licence eligibility orders for people who have been disqualified from obtaining a licence for offences such as drink and/or drug driving. See the applying to get your licence back page for more information.
What is the Melbourne Magistrates Court Drug Court?
The Melbourne Magistrates Court also operates a post-sentence program to rehabilitate and treat offenders with drug and alcohol problems. The Drug Court imposes and administers Drug Treatment Orders (DTOs). A DTO consists of a period of imprisonment followed by a period of treatment and supervision while living in the community.
What happens if you get caught drink driving in Victoria?
A finding of guilt for a drink driving offence carries a mandatory cancellation of your driver’s licence and a possible fine in Victoria. A second offence or more not only carries double the mandatory disqualification period, but also a substantial fine and a term of imprisonment.
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