Drink and Drug Driving

DRINK AND DRUG DRIVING – CASE STUDY Introduction Both drink driving and drug driving are serious offences and the laws are enforced very strictly by the police and law courts in Victoria. A combination of drink and drug driving dramatically increases the chance of the driver causing an accident, and puts other road users at … Continue reading Drink and Drug Driving

Drink Driving Heidelberg

Charges: Exceed Prescribed Content of alcohol both section 49(1)(b) & (f), being a reading of .074. Alternative to be withdrawn.

Fail to Nominate Driver; Dangerous Driving

Charges: Fail to Nominate Driver section 60 Road Safety Act (RSA); Dangerous Driving section 64 RSA; Careless Driving section 65 RSA (3 demerit points); Improper Use of Motor Vehicle section 65A RSA (no demerit points). Facts: The client was driving home and lost traction travelling through a roundabout. A retired police officer who was driving behind … Continue reading Fail to Nominate Driver; Dangerous Driving

Fail to Nominate Driver

Charges: Fail to Nominate Driver when requested to do so by a police member acting in the execution of their duties. Section 60 of the Road Safety Act Victoria. Facts: The client was at a party. His friend was driving his car that night as the client was suspended from driving. Police allege they saw … Continue reading Fail to Nominate Driver

Drink Driving Frankston

Drink Driving Frankston  Charges: Drink Driving (BAC 0.074) Facts: The client had been drinking the night before and into the early hours of the morning. The client woke early the next day and got into the car. Shortly after, she was pulled over by police. The client’s BAC was 0.074 and, as it was a second offence, … Continue reading Drink Driving Frankston

Fail to Remain at the Scene of an Accident

Charges: Fail to Remain at the Scene of an Accident section 61(1)(a) Road Safety Act (RSA), Fail to Exchange details s61(1)(c) RSA; Careless Drive section 65 RSA. – Diversion Recommendation. Facts: The client was driving to a department store. While parking her car in the carpark the client unknowingly bumped the side of another vehicle. … Continue reading Fail to Remain at the Scene of an Accident

Driving Whilst Suspended Carrum

Charges: Driving Whilst Suspended s30(1) Road Safety Act 1986, second offence.

Driving Disqualified Moorabbin

Charges: The client was charged in the Moorabbin Justice Centre with Driving Whilst Disqualified. We abridged the matter to Frankston Magistrates Court, for a plea of guilty. Facts: The client was a 63-year-old man who had been driving for 45 years. He had two prior traffic offences, both involving excess alcohol consumption. These had both been dealt with … Continue reading Driving Disqualified Moorabbin

Licence Restoration Application

Facts: The client was applying to the Frankston Magistrates’ Court to become relicenced. The client had four prior offences relating to drink driving. In all cases the BAC had been just over .05. Three of the offences were within the last ten years at the time of making the application. Initially the client had tried to … Continue reading Licence Restoration Application

Fail to Stop at Accident

Charges: Fail to Stop Following Accident where Person Seriously Injured Section 61(3) of the Road Safety Act; Fail to Render Assistance where Person Seriously Injured; Careless Driving Section 65 of the Road Safety Act Facts: The client was driving his ute to work towing a tandem trailer. He accidentally tapped a cyclist whilst overtaking, and … Continue reading Fail to Stop at Accident