Whether it be drug driving, drink driving, driving suspended, careless driving or any other driving matter, we provide advice and representation aimed at achieving the best results for our clients. Engaging Nardi Lawyers can be the difference between keeping your licence or losing your licence – and by extension, keeping your job or losing your job.
*The below information relates to Victorian matters only.
Drink Driving
Drink driving carries not only minimum mandatory loss of licence (can be extended at discretion of the Magistrate), but also strict conditions on relicencing, such as completing a drink driving course, applying to VicRoads for relicencing and installing an alcohol interlocker device. See the table below for minimum licence loss periods.
Not only can the Magistrate order a greater period of cancellation than the minimum, but they also have discretion to record a conviction against your name.
Early legal advice is critical.
Drug Driving
As with drink driving, this charge carries mandatory loss of licence, the length of which will depend on your history and whether or not alcohol was also found in your system.
Unlike drink driving, you will need to apply to the court for relicencing.
Careless Driving
This charge does not carry a mandatory loss of licence provision, however, the Magistrate has discretion to suspend your licence. This charge is often relevant where an accident has occurred and it may be laid with other charges.
This charge is incredibly common – because it does not have a mandatory loss of licence period, you may be able to apply for Diversion, and if successful, avoid a finding of guilt and avoid a conviction. Read our article on Diversion under the ‘Blog’ heading.
Speeding
This charge can also carry mandatory loss of licence provisions, depending on how far over the speed you were travelling. See the table below for the minimum licence loss periods.
Driving Whilst Suspended
This charge applies to situations where you are driving when your licence has been suspended by either the court, police, VicRoads or the sheriff.
Often this charge relates to a situation where the court has cancelled/suspended a licence and the person has continued to drive – defiance of a court order can incur a severe penalty and legal advice is essential.
Unlicensed Driving
This charge relates to driving where you do not have a licence or permit. It may also apply where you have moved to Victoria from interstate, but have failed to obtain a Victorian licence within 3 months.
Drink Driving – Minimum Loss of Licence Periods
| Blood Alcohol Concentration | First Offence – Minimum loss of licence period | Subsequent Offence – Minimum loss of licence period |
|---|---|---|
| 0.05% but less than 0.07% | 3 months on an infringement notice or 6 months at court |
12 months |
| 0.07% but less than 0.08% | 6 months | 14 months |
| 0.08 but less than 0.09% | 6 months | 16 months |
| 0.09% but less than 0.10% | 6 months | 18 months |
| 0.10% but less than 0.11% | 10 months | 20 months |
| 0.11% but less than 0.12% | 11 months | 22 months |
| 0.12% but less than 0.13% | 12 months | 24 months |
| 0.13% but less than 0.14% | 13 months | 26 months |
| 0.14% but less than 0.15% | 14 months | 28 months |
| 0.15% but less than 0.16% | 15 months | 30 months |
| 0.16% but less than 0.17% | 16 months | 32 months |
| 0.17% but less than 0.18% | 17 months | 34 months |
| 0.18% but less than 0.19% | 18 months | 36 months |
| 0.19% but less than 0.20% | 19 months | 38 months |
| 0.20% but less than 0.21% | 20 months | 40 months |
| 0.21% but less than 0.22% | 21 months | 42 months |
| 0.22% but less than 0.23% | 22 months | 44 months |
| 0.23% but less than 0.24% | 23 months | 46 months |
| 0.24% or more | 24 months | 48 months |
Exceeding Speed Limit – Automatic Suspensions – except heavy vehicles
| Exceed Speed Amount | Automatic Suspension Period |
|---|---|
| 25 km/h – 34 km/h | 3 months |
| 35 km/h – 44 km/h | 6 months |
| 45 km/h or more | 12 months |
| 20 km/h – 24 km/h (in a 110 km/h zone only) | 3 months |
