Mandatory loss of licence in Victoria
Most people take their driver’s licence for granted.
It’s not until their licence is under threat that they begin to realise losing it could mean losing everything, including current employment.
What clients also don’t realise is that for many driving offences under the Road Safety Act 1968, a Magistrate does not have an option when it comes to making an order on their licence. That is, for many offences there is a prescribed mandatory period whereby the Court must make an order in relation to a licence for a certain period of time.
An example includes the offence of driving over the speed limit. Indeed, if you have been caught driving 25km/h or more, but less than 35km/h, over the speed limit, it is mandatory that you lose your licence for a period of 3 months.
Another example is that of dangerous driving. Here, on a finding of guilt, it is mandatory that you lose your licence for a period of 6 months.
Many people, having been advised of the mandatory periods, often choose to represent themselves at Court, believing their fate is already sealed. However, what people don’t realise is that in many cases Magistrates choose to impose a loss of licence period which is beyond the mandatory period. This is where a good defence lawyer is crucial.
We have acted on behalf of hundreds of people in the Geelong region who have been charged with offences similar to that above.
Often our negotiations with police, coupled with our persuasion in Court, has seen charges of this nature withdrawn altogether.
Alternatively, if the charges proceed, our lawyers advocate tirelessly to ensure the Court does not make an order on your licence which is longer than the mandatory period.
So if your licence is your livelihood, ensure you contact one of our solicitors immediately in order to achieve the best possible outcome.