First offence Drink Driving charge

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First offence Drink Driving charge

Postby Scott P, Rosanna » October 27th, 2011, 10:59 am

I was pulled over in South Morang two weeks ago and charged with drink driving. My reading was 0.13. It was my first offence and I was handed a notice stating my license was immediately suspended. i didn't think it was possible to have my license suspended before i was given a chance to fight the charge. I drive trucks for a living and need my license. Please help.
Scott P, Rosanna
Posts: 1
Joined: October 27th, 2011, 10:41 am

Re: First offence Drink Driving charge

Postby Victorian Lawyer » October 27th, 2011, 1:26 pm

The law allows the police to issue a notice which suspends a person's license immediately, when certain conditions are met. In your case, because your BAC (Blood Alcohol Concentration) was over 0.10, the police officer concerned has issued you the notice. You must apply to the Court for permission to drive pending the final hearing of the case. The process of obtaining permission from a Magistrate is not automatic and the Magistrate must be satisfied that exceptional circumstances exist justifying the making of such an order.
Bill Doogue | Criminal Lawyer | Doogue & O'Brien
T (03) 9670 5121
Level 5, 221 Queen St Melbourne 3000
Victorian Lawyer
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Joined: September 1st, 2011, 11:31 am

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