Traffic & Driving Matters

Drink Driving

There are low, mid and high range offences.

Low - you drive a motor vehicle with your blood alcohol concentration between 0.050 and 0.079. If the court convicts you it is a mandatory 6 month license disqualification and a maximum fine of $2200.

If the court deals with your matter under section 10 or a conditional release order (no conviction), you will not be disqualified or fined, and a conviction will not be recorded against your name. Statistics show that this is an achievable outcome if you are a person of good character and a good driving record.

If you offend again within five years, the penalties are more severe and can include the installation of an interlock device in your car.

Mid-range – you drive a motor vehicle with your blood alcohol concentration between 0.080 and 0.149. You may be required to install an interlock device in your car.

If this offence is the first of its kind, or the first in five years, the range penalties include:

• 6 months disqualified license
• 12 months under car interlock regime
• 9 months in prison
• Fine of $2200
• A fine and license disqualification is the most common outcome.

High range - you drive a motor vehicle with a blood alcohol concentration of at least 0.150. If high-range drink driving is your first major traffic offence, or the first within the past 5 years, the maximum penalties are:

• Up to 18 months in prison
• 9 month driver license disqualification which can be reduced to 6 months, followed by
• 24 months during which you must have an interlock device installed to your vehicle, and
• Fine of $3,300
• The court can exempt you from the interlock device regime but increase other penalties.

It is crucial that you have a highly experienced solicitor representing you in order to get the best possible results and avoid maximum penalties.

Driving Whilst Suspended

For a first time offender, the maximum penalty that may be imposed is a fine of $3,300 and/or 18 months imprisonment. There is also a mandatory 12 months license disqualification that will be given to all first time offenders. For a second time or subsequent offender, the maximum penalty that may be handed down is a fine of $5,500 and/or 2 years imprisonment. Additionally, a mandatory licence disqualification of 2 years will be given to any second or subsequent offender. The court has the discretion to order a longer period of disqualification if it considers it necessary to do so.

Drive Whilst Disqualified

For a first time offender the maximum penalty that may be imposed is a fine of $3,300 and/or a prison sentence of 18 months. There is also a mandatory licence disqualification period of 12 months given to all first time offenders. For a second or subsequent offence the maximum penalty is a fine of $5,500 and/or a prison sentence of 2 years. A mandatory further licence disqualification of 2 years is also imposed.

At Gergis Solicitors we are experienced in all areas of driving and traffic matters to assist you get the best possible outcome.

We offer fixed fees for some driving and traffic matters.