This ebook, written by Doogue + George Directors Kristina Kothrakis and Dee Giannopoulos, breaks down why Road Safety Act offences in Victoria are far more serious than most people assume, and what’s really at stake if you’re charged.
It opens by pointing out that courts hand down real jail time for these offences more often than people realise, with sentencing statistics showing over 21% of people convicted of drug driving and over 29% convicted of driving whilst disqualified were sentenced to imprisonment. From there it covers drink driving and drug driving charges under section 49, explaining that both are strict liability offences, meaning police don’t need to prove you knew you were over the limit, which leaves only limited and highly technical defences available.
The book includes the full table of mandatory minimum licence disqualification periods for drink driving based on blood alcohol concentration, and explains that courts can and often do go well beyond these minimums if a case isn’t properly prepared. It also covers the extra obligations that come with a drink driving conviction, like completing an awareness program, having an interlock installed, and applying back to court to be relicensed.
There’s a clear explanation of why legal representation matters even when losing your licence is inevitable, since a lawyer’s job is to keep any disqualification as close to the mandatory minimum as possible. The book also covers interlock conditions in detail, including how easy it is to accidentally breach one, excessive speeding charges and their minimum disqualification periods, and the fact that Victoria has no drive to work permits at all.
Further sections explain section 85 immediate licence suspensions, section 60 notices requiring vehicle owners to identify a driver, and the offences of driving whilst suspended and driving whilst disqualified, including how technology like Bluenet makes it increasingly likely that suspended or disqualified drivers get caught. It also distinguishes dangerous driving from careless driving, explains how police can impound, immobilise or forfeit a vehicle under section 84, and walks through what a licence restoration hearing typically involves.
Finally, the book explains how a prior Road Safety Act offence within the past 10 years can double the mandatory minimum for a new charge, and how the Spent Convictions Act 2021 affects whether a driving conviction shows up on a criminal record.
If you’ve been charged with a driving offence, contact our lawyers now for expert advice on protecting your licence and your future.
