Interstate license and drink driving and careless driving offence

Offences committed outside Victoria
tvan
Posts: 2
Joined: Mon Jul 02, 2018 5:53 pm

Interstate license and drink driving and careless driving offence

Postby tvan » Mon Jul 02, 2018 6:14 pm

Hi Sean,
My partner has an interstate license from S.A. and had an accident on the weekend where he became distracted from his phone and hit a parked car at night time. The police were called and breathalysed him. He was over the limit and was taken to the police station where he was breathalysed formally and told he had a mid range BAC and would be charged with careless driving and driving under the influence. He was advised that given he has an interstate license his license was not automatically cancelled and he would be issued with a summons within 28 days. He has had no prior convictions, and this incident was a complete lack of judgement and first time offence. Would you be able advise the impact of his being on an interstate license - it seems that given S.A. have similar immediate cancellation of licenses for mid range driving offences and so his license will be cancelled. We’re also concerned that his license was never transferred to Victoria given that he has lived in Victoria for more than 3 months. We’re doubtful that we’ll be able to challenge the charges - he explained to the police officer that he was distracted by his phone. We’re most concerned about a conviction - is all lost?

Hardy
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Location: Melbourne Victoria
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Re: Interstate license and drink driving and careless driving offence

Postby Hardy » Mon Jul 02, 2018 11:38 pm

I win cases like that regularly. You should encourage him to get legal advice from a lawyer who has won a case like that in the past 6 months. The interstate licence aspect is the least of his problems - it is almost completely irrelevant. He needs to win to avoid licence cancellation, fine, conviction and relicensing hurdles.

tvan
Posts: 2
Joined: Mon Jul 02, 2018 5:53 pm

Re: Interstate license and drink driving and careless driving offence

Postby tvan » Tue Jul 03, 2018 2:25 pm

Thanks Sean.

Would you recommend waiting to receive the summons before making an appointment with you?

Day
Posts: 1604
Joined: Wed Mar 19, 2008 4:51 pm

Re: Interstate license and drink driving and careless driving offence

Postby Day » Tue Jul 03, 2018 4:56 pm

It's best you wait. At least then he has something to work with and it will save you money.

Hardy
Site Admin
Posts: 8462
Joined: Thu Jan 01, 1970 10:00 am
Location: Melbourne Victoria
Contact:

Re: Interstate license and drink driving and careless driving offence

Postby Hardy » Tue Jul 03, 2018 9:43 pm

At the moment he doesn't seem to have any problem at all. So it is not possible to do anything for him. That will change if he receives a charge and summons.


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