Frequently Asked Questions
Can I avoid a criminal conviction or licence suspension?
The answer to both questions can be yes, although it depends on the circumstances. Some offences carry automatic minimum licence suspension periods. You really need to get proper legal advice to answer that question.
However, in drink driving matters under certain circumstances a court has the discretion not to convict you if they are convinced by the material put before them.
What about mandatory licence suspension periods?
Even if they decide not to register a conviction against you they will still be bound to disqualify you for the mandatory licence suspension periods if you reading is .05 or over. Often the important task of your lawyer is trying to keep the Magistrate to the minimum licence suspension period.
I am a first offender, will the Court be lenient?
If you are a first offender with a reading under .07 the Court has a discretion to let you keep your licence, provided you are over 26 years old and the holder of a full licence. If you successfully defend the charges you do not lose your licence, and nor do you get a conviction.
I need my licence for work. Will the Court take this into consideration?
Unfortunately there are no work licences like in NSW, so if the Magistrate orders that you lose your licence then you can not drive. The penalties for driving with a licence suspension are very strict and include mandatory prison sentences.