Best way to dispute an alleged interlock violation?

Licence restoration, Zero Condition etc
trevmaxington
Posts: 11
Joined: Tue Jul 07, 2015 11:52 am

Best way to dispute an alleged interlock violation?

Postby trevmaxington » Mon Jun 13, 2016 4:25 pm

Hi all,

If someone is disputing an interlock violation (the timeless aftershave reason), are they better off disputing the violation by seeking a direction under s 50AAAC or just bringing it up when applying for their interlock removal under s 50AAB?

trevmaxington
Posts: 11
Joined: Tue Jul 07, 2015 11:52 am

Re: Best way to dispute an alleged interlock violation?

Postby trevmaxington » Mon Jun 13, 2016 4:28 pm

Actually it seems like I misread s 50AAAC. Am I right in thinking that section just deals with cases where you are disputing being the person responsible for the failed attempt?

In that case, if we want to appeal VicRoads's refusal to discount the alleged violation, how is that done? I'm thinking we could apply for judicial review however that obviously has limited grounds. Can it be appealed to the Magistrates' Court under another section?

Hardy
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Re: Best way to dispute an alleged interlock violation?

Postby Hardy » Mon Jun 13, 2016 5:23 pm

50AAAC applies only to people who have applied to VicRoads for interlock removal and been refused because of one of the grounds set out in 50AAAC(2).

So you need to apply to VicRoads, get refused, then seek a direction from a Magistrate pursuant to s.50AAAC(4). It is effectively an appeal to a Magistrates Court that re-hears the matter from scratch.

trevmaxington
Posts: 11
Joined: Tue Jul 07, 2015 11:52 am

Re: Best way to dispute an alleged interlock violation?

Postby trevmaxington » Wed Jun 15, 2016 6:16 pm

Thanks.

In your experience, if we just accept the violation, if we turn up for a removal order application is the Magistrate unlikely to grant the removal because of it?

Hardy
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Re: Best way to dispute an alleged interlock violation?

Postby Hardy » Wed Jun 15, 2016 9:59 pm

I thought your thread is about your removal application being made to VicRoads?
Now you are asking about an application to the Magistrates court.
Did a court impose the interlock condition?

Anyway, the court has discretion whether or not to remove the interlock condition.
If you can not explain and justify the infraction then the court is likely to extend the interlock period.


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