The court will then declare that you are convicted of the traffic offense you have been charged with and impose the appropriate penalty. The penalty imposed can be disqualification or suspension of the motorist’s license. It can also include demerit points on the license, imprisonment or alcohol interlock.
Not all drink driving offenses will be dealt with by the police by issuing a traffic infringement notice. When the prescribed level of blood alcohol found in the breath or blood sample taken from you yields a blood alcohol level of more than 0.15, you will not be issued a traffic infringement notice by the Victoria police. Even if it is your first offense, once your blood alcohol level reaches 0.15, you will not be given a traffic infringement. This is because having a prescribed blood alcohol limit of more than 0.15 is a serious traffic offense that carries with it the possibility of a penalty of imprisonment. This is why you will not be issued a traffic infringement notice – you will be arrested and you will be indicted for a serious traffic offense.
When you do receive a traffic infringement notice for drink driving, you have 28 days to do one of two things: you can pay the fine or you can go to court and object to the issuance of the traffic infringement notice. When you do pay the fine, the Magistrate’s Court will consider that the payment of the fine is an admission of guilt. The court will then proceed to convict the motorist and impose the proper penalty.
Amongst the penalties that may be imposed are: disqualification of the motorist from driving for three months or more depending upon the level of the blood alcohol concentration. Your license may also be suspended. Demerit points may be imposed upon your license. In extreme cases where the blood alcohol concentration is between 0.08 or more, or when this is the motorist’s second, third or subsequent offense, imprisonment may be imposed by the court. The motorist may also be ordered to participate in the alcohol interlock program.
Think twice before you decide to chuck a drink driving traffic infringement notice in the rubbish bin. Think hard before you pay the fine on a traffic infringement notice.
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.