Driving Offences
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Driving Offences may include Drink Driving, Driving whilst disqualified, Unlicensed Driving, Culpable Driving and Dangerous Driving.
With over 25 years experience, Martin Amad is one of Victoria’s leading solicitors who can provide you with the advice you need.
A first offence of Driving while disqualified could result in up to 4 months imprisonment.
The Road Safety Act 1986, s49 states that a person who is over the prescribed concentration of alcohol may lose their license, receive a fine and face up to 6 months imprisonment for a second offence. The more serious offence of Culpable Driving, as stated in s318 of the Crimes Act, may result in a maximum of 20 years imprisonment.
We understand the detrimental impact this may have on client’s livelihoods and relationships. Amad & Amad Lawyers can provide you with the best possible defence options for these complex and rigid areas of law.
Drink Driving
topRoad Safety Act 1986 - SECT 49
Offences involving alcohol or other drugs
49. Offences involving alcohol or other drugs
(1) A person is guilty of an offence if he or she-
(a) drives a motor vehicle or is in charge of a motor vehicle while under the influence of intoxicating liquor or of any drug to such an extent as to be incapable of having proper control of the motor vehicle; or
(b) drives a motor vehicle or is in charge of a motor vehicle while the prescribed concentration of alcohol or more than the prescribed concentration of alcohol is present in his or her blood or breath;
Maximum Penalties in Victoria
First offence:
A fine of not more than 20 penalty units.
Second offence:
To a fine of not more than 60 penalty units/6 months imprisonment if the concentration of alcohol:
(a) in the person's blood was less than 0×15 grams per 100 millilitres of blood; or
(b) in the person's breath was less than 0×15 grams per 210 litres of exhaled air -as the case requires. Or offence:
Subsequent offence:
To a fine of not more than 120 penalty units/12 months imprisonment if the concentration of alcohol:
(a) in the person's blood was 0×15 grams or more per 100 millilitres of blood; or
(b) in the person's breath was 0×15 grams or more per 210 litres of exhaled air as the case requires or
To a fine of not more than 180 penalty units/18 months if the concentration of alcohol
(a) in the person's blood was 0×15 grams or more per 100 millilitres of blood; or
(b) in the person's breath was 0×15 grams or more per 210 litres of exhaled air-as the case requires.
Driving whilst disqualified
topRoad Safety Act 1986 - SECT 30
Offence to drive while disqualified etc.
30. Offence to drive while disqualified etc.
- Subject to section 30AA, a person must not drive a motor vehicle on a highway while the authorisation granted to him or her to do so under this Part is suspended or during a period of disqualification from obtaining such an authorisation.
Maximum Penalties in Victoria
First offence:
30 penalty units or imprisonment for 4 months.
Subsequent offence:
Imprisonment for not less than 1 month and not more than 2 years.
Unlicensed Driving
topRoad Safety Act 1986 - SECT 18
Offence if driver not licensed
18. Offence if driver not licensed
(1) A person who drives a motor vehicle on a highway-
(a) without holding a driver licence or permit which authorises the holder to drive such a motor vehicle (unless exempted under the regulations);
or
(b) in breach of any condition of a driver licence or permit; or
(c) being a person who is exempted under the regulations from the requirements of paragraph (a) because he or she holds an appropriate licence or permit issued in another State, Territory or country, in breach of any condition of that licence or permit-
is guilty of an offence and, unless subsection (2) or (3) applies, is liable to a penalty not exceeding 25 penalty units or to imprisonment for not more than 3 months.
Culpable Driving
topCrimes Act 1958 - SECT 318
Culpable driving causing death
318. Culpable driving causing death
(1) Any person who by the culpable driving of a motor vehicle causes the death of another person shall be guilty of an indictable offence and shall be liable to level 3 imprisonment (20 years maximum) or a level 3 fine or both.
(2) For the purposes of subsection (1) a person drives a motor vehicle culpably if he drives the motor vehicle-
(a) recklessly, that is to say, if he consciously and unjustifiably disregards a substantial risk that the death of another person or the infliction of grievous bodily harm upon another person may result from his driving; or
(b) negligently, that is to say, if he fails unjustifiably and to a gross degree to observe the standard of care which a reasonable man would have observed in all the circumstances of the case; or
(c) whilst under the influence of alcohol to such an extent as to be incapable of having proper control of the motor vehicle; or
(d) whilst under the influence of a drug to such an extent as to be incapable of having proper control of the motor vehicle.
(2A) Without limiting subsection (2)(b), negligence within the meaning of that subsection may be established by proving that-
(a) a person drove a motor vehicle when fatigued to such an extent that he or she knew, or ought to have known, that there was an appreciable risk of him or her falling asleep while driving or of losing control of the vehicle; and
(b) by so driving the motor vehicle the person failed unjustifiably and to a gross degree to observe the standard of care which a reasonable person would have observed in all the circumstances of the case.
(3) An indictment for an indictable offence under this section shall specify which form of culpability within the meaning of subsection (2) is charged but evidence of the whole of the circumstances shall be admissible on the trial on the indictment.
(4) A person who is convicted or acquitted of an indictable offence under this section shall not in respect of the death concerned subsequently be prosecuted for unlawful homicide or under this section.
(5) A person who is convicted or acquitted of any form of unlawful homicide not referred to in this section shall not in respect of the death concerned subsequently be prosecuted under this section and no other form of unlawful homicide shall be charged in the same indictment with an indictable offence under this section.
(6) A person who is convicted or acquitted of an indictable offence under this section shall not in respect of the circumstances concerned be proceeded against under the Road Safety Act 1986 or the Marine Act 1988 for having driven a motor vehicle whilst under the influence of alcohol or a drug and no such offence shall be charged in the same indictment with an indictable offence under this section.
(7) Drug means a drug within the meaning of the Road Safety Act 1986
Maximum Penalties in Victoria
Imprisonment for 20 years.
Dangerous Driving
topCrimes Act 1958 - SECT 319
Dangerous driving causing death or serious injury
319. Dangerous driving causing death or serious injury
(1) A person who, by driving a motor vehicle at a speed or in a manner that is dangerous to the public having regard to all the circumstances of the case, causes the death of another person is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum).
(1A) A person who, by driving a motor vehicle at a speed or in a manner that is dangerous to the public having regard to all the circumstances of the case, causes serious injury to another person is guilty of an indictable offence and liable to level 6 imprisonment (5 years maximum).
(2) In this section serious injury has the meaning given by section 15.
Maximum Penalties in Victoria
Imprisonment for 10 years.