Driving Under the Influence of Intoxicating Liquor or of Any Drug (DUI) in Victoria, Australia
December 13, 2012 By Doogue O'Brien George
Charged with a DUI? What consequences are you likely to face if found to be under the influence of alcohol or drugs while driving? Learn about the criminal law for this traffic offense and get advice from an expert about how to deal with the charge in Court.
What’s the Highest Penalty for Driving Under the Influence of Intoxicating Liquor or of Any Drug (DUI) at the Sunshine Magistrates’ Court, Victoria? Can the Charge Be Defended?
A finding of guilt could result in up to 18 months of jail time or a fine of 180 penalty units. Sentences for this charge are evaluated depending on the circumstances surrounding a case and it would not be expected for an accused to get the highest possible penalty unless what was committed is the worst possible example of this charge.
Defenses that are sometimes used in Courts are:
A. Procedure for operating breath or drug analyzing instrument was incorrect;
B. Breath or drug analyzing instrument not in good condition;
C. Factual errors
Will the Sunshine Magistrates’ Court in Victoria hear a case of Driving Under the Influence of Intoxicating Liquor or of Any Drug (DUI)?
Cases of driving under the influence of intoxicating liquor or of any drug (DUI) are generally heard before a Magistrate in the Magistrates’ Court. The type of Court that ends up having jurisdiction over a particular case often reflects the seriousness of an indictment.
Where to now?
An experienced criminal law specialist is the legal professional who should be advising you in relation to Driving Under the Influence of Intoxicating Liquor or of Any Drug (DUI). An accredited specialist has the expertise to deliver you the best possible result and is the best to have for a case of Driving Under the Influence of Intoxicating Liquor or of Any Drug (DUI).
How do Prosecutors at the Sunshine Magistrates’ Court, Victoria establish Driving Under the Influence of Intoxicating Liquor or of Any Drug (DUI)?
Driving Under the Influence of Intoxicating Liquor or of Any Drug (DUI) can be established by Prosecutors if the following are satisfied:
A. accused was driving or was in charge of a motor vehicle;
B. accused was under the influence of intoxicating liquor or of any drug so as to become incapable of exercising proper control on the motor vehicle.
Where do you find the law about Driving Under the Influence of Intoxicating Liquor or of Any Drug (DUI)?
The law for Driving Under the Influence of Intoxicating Liquor or of Any Drug (DUI) can be found on section 49 of the Road Safety Act 1986.
ABOUT THE AUTHOR: Doogue & O'Brien
Doogue & O'Brien Criminal Defence Lawyers is one of Australia's leading law firms of criminal law specialists. With a legal experience of over 15 years, the firm currently has 5 accredited specialists and 6 other lawyers that appear in all Victorian Courts and interstate. It is also among the founding members of Australian Defense Lawyers Alliance, a national alliance of law firms specializing in criminal law and which members are carefully selected based on experience, reputation, ethics, and size.
The firm has offices in Melbourne, Broadmeadows, Heidelberg, Moorabbin and Sunshine.
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More information about Doogue O'Brien George
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
A finding of guilt could result in up to 18 months of jail time or a fine of 180 penalty units. Sentences for this charge are evaluated depending on the circumstances surrounding a case and it would not be expected for an accused to get the highest possible penalty unless what was committed is the worst possible example of this charge.
Defenses that are sometimes used in Courts are:
A. Procedure for operating breath or drug analyzing instrument was incorrect;
B. Breath or drug analyzing instrument not in good condition;
C. Factual errors
Will the Sunshine Magistrates’ Court in Victoria hear a case of Driving Under the Influence of Intoxicating Liquor or of Any Drug (DUI)?
Cases of driving under the influence of intoxicating liquor or of any drug (DUI) are generally heard before a Magistrate in the Magistrates’ Court. The type of Court that ends up having jurisdiction over a particular case often reflects the seriousness of an indictment.
Where to now?
An experienced criminal law specialist is the legal professional who should be advising you in relation to Driving Under the Influence of Intoxicating Liquor or of Any Drug (DUI). An accredited specialist has the expertise to deliver you the best possible result and is the best to have for a case of Driving Under the Influence of Intoxicating Liquor or of Any Drug (DUI).
How do Prosecutors at the Sunshine Magistrates’ Court, Victoria establish Driving Under the Influence of Intoxicating Liquor or of Any Drug (DUI)?
Driving Under the Influence of Intoxicating Liquor or of Any Drug (DUI) can be established by Prosecutors if the following are satisfied:
A. accused was driving or was in charge of a motor vehicle;
B. accused was under the influence of intoxicating liquor or of any drug so as to become incapable of exercising proper control on the motor vehicle.
Where do you find the law about Driving Under the Influence of Intoxicating Liquor or of Any Drug (DUI)?
The law for Driving Under the Influence of Intoxicating Liquor or of Any Drug (DUI) can be found on section 49 of the Road Safety Act 1986.
ABOUT THE AUTHOR: Doogue & O'Brien
Doogue & O'Brien Criminal Defence Lawyers is one of Australia's leading law firms of criminal law specialists. With a legal experience of over 15 years, the firm currently has 5 accredited specialists and 6 other lawyers that appear in all Victorian Courts and interstate. It is also among the founding members of Australian Defense Lawyers Alliance, a national alliance of law firms specializing in criminal law and which members are carefully selected based on experience, reputation, ethics, and size.
The firm has offices in Melbourne, Broadmeadows, Heidelberg, Moorabbin and Sunshine.
Copyright Doogue O'Brien George - Google+
More information about Doogue O'Brien George
View all articles published by Doogue O'Brien George
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
