Joseph Burke Law - Criminal Lawyers Melbourne

Driving law

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Driving is highly regulated and policed in Victoria. The Road Safety Act 1986 is one of the most complicated pieces of legislation on the books. Few license holding residents of Melbourne over the age of 30 can claim to never have been pulled over by the highway patrol. It just involves a fine most of the time. But occasionally the consequences can be more serious.

Related offences

  1. Culpable Driving Causing Death
  2. Dangerous Driving
  3. Careless Driving
  4. Speeding
  5. Drink Driving / Drive Under the influence (DUI)
  6. Exceed Prescribed Concentration of Alcohol (PCA)
  7. Fail to Furnish a Breath Sample / Refuse to Accompany a Police Officer

Defences

    1. Necessity
    2. Duress
    3. Mental Impairment

Sentencing

Driving offences can involve the imposition of relatively harsh sentences. Culpable driving causing death  carries a maximum penalty of 20 years imprisonment. Even less serious offences carry the real risk of imprisonment. For example, repeatedly driving while disqualified often leads to imprisonment.
 
Of more relevance to individuals facing the more common speeding and drinking driving charges are the mandatory license suspensions that are associated with some driving offences like drive under the influence of alcohol.

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