Interlocker imposed for drug driving

bee
Posts: 3
Joined: Tue Oct 11, 2011 10:15 pm

Interlocker imposed for drug driving

Postby bee » Tue Oct 11, 2011 10:33 pm

When I was 19 I received a drink driving offence for 0.02. This stupid mistake was followed by another 7 years later when I was caught for drug driving for which I served a 12 month loss of license and a rather large fine. On application to be re-licensed I had an interlock condition imposed on my license for 3 years; the judge didnt seem to think this was necessary but the police officer prosecuting me pushed for it stating the offence was counted in the same class as a drink driving offence in the top bracket. Reading your web site I wondering if this is correct?

I have server 34 months out of the 36 months and was told by the court that I could not apply to have the restriction removed until I a full 36 months of the interlock device being installed on my car had elapsed. From reading your website and talking to you via email this in incorrect however I am wondering if the law doesn't state that a 3 year interlock restriction is mandatory for a drug driving offence am I entitled to go to court and ask to have it be removed from my license without having drager issue a full report and following the normal process of getting an interlocked device removed?

I have no violations during the 34 months I have had it installed, I am simply wondering if I can avoid the 28 day turnaround to get all the reports and paper work issued, the police interviews, and driving assessment done.

The police waited 11 months 2 weeks before actually charging me so this whole process has lasted almost 6 years now.

Hardy
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Joined: Thu Jan 01, 1970 10:00 am
Location: Melbourne Victoria
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Re: Interlocker imposed for drug driving

Postby Hardy » Tue Oct 11, 2011 10:59 pm

You can't get an interlock following a drug driving offence.
If I were you, I would consider removing the interlock and driving without it, and apply to the county court for an appeal out of time to have the interlock condition removed. Alternatively, you could apply to the magistrates court for interlock removal, which might be cheaper and quicker than a county court appeal.

bee
Posts: 3
Joined: Tue Oct 11, 2011 10:15 pm

Re: Interlocker imposed for drug driving

Postby bee » Tue Oct 11, 2011 11:01 pm

Thanks for the update.

For other readers benefit the drug in question was Amphetamine and the offence took place in 2005; it was shortly after they first started doing drug testing in parallel with breath testing in booze buses. I had a BAC of 0.00 at the time.

bee
Posts: 3
Joined: Tue Oct 11, 2011 10:15 pm

Re: Interlocker imposed for drug driving

Postby bee » Thu Oct 13, 2011 9:31 pm

So 48 hours since first posting in this forum I have since booked a conference with Mr Hardy, have been through court, and now have the interlocked condition removed from my license. No police interview, no report from Drager, and I didn't even have to appear in court in person; wow...I wish had of done this 3 years ago...I cant believe the police and courts can make this kind of mistake.

Thank you so much for your help in this matter.

Hardy
Site Admin
Posts: 8518
Joined: Thu Jan 01, 1970 10:00 am
Location: Melbourne Victoria
Contact:

Re: Interlocker imposed for drug driving

Postby Hardy » Thu Oct 13, 2011 9:48 pm

47 hours :)


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