Individuals that drive with a learner or provisional licence are usually inexperienced in operating a motor vehicle and must not drive (or occupy the driving seat and attempt to put the vehicle in motion) while there is ANY alcohol present in their blood. Section 9 (1A) of the Road Transport (Safety and Traffic Management) ACT 1999.
The penalty is:
Maximum court imposed fine: 1st offence $1,100 sunsequent offrence $2,200
Maximum gaol term: not applicable
Disqualification: automatic 6 months minimum 3 months maximum unlimited
The automatic period applies in the absence of a specific court order.
Most people require a driver licence for their work or daily responsibilities and keeping their licence is their primary concern. A court that is properly advised may exercise its discretion not to record a conviction (section 10 of the Crimes (Sentencing procedure) Act 1999). Not only will that result in the offender not incurring a fine or other penalty, it also means that their driver licence cannot be disqualified.
In certain circumstances the matter should be defended. You may be able to challenge the police relying on the breath analysis because time limits apply to whether the analysis is a reliable reading AT THE TIME OF DRIVING. Also the police are restricted from demanding a breath test if you are on your premises.
We have been setting the standards in professional preparation and advocacy in these matters for over a decade. Contact Lenz Legal for expert and personalised recognition of you and your family's particular requirements. Call us to see what is possible.
We provide expert advice and representation fearlessly protecting the rights and liberty of our clients whether charged with serious indictable offences, summary offences or driving offences. Call us now to see just what is possible.
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