Drink Driving Lawyer Box Hill
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Not every drink driving charge involves the person behind the wheel. Parents and relatives supervising a learner driver can be charged too. If you were in the passenger seat with an L-plater around Box Hill when you were tested, the law treats you differently from a driver, and that difference can protect your licence.

The rules for supervising drivers

A supervising driver can be breath tested at a booze bus or roadside stop just like the driver, and can be charged with drink driving even though they were not driving.

The licence rules work differently, though. For a driver, cancellation is mandatory. Section 50(6) of the Road Safety Act gives supervising drivers an exemption from the mandatory cancellation periods, so losing your licence is not automatic in the way it is for a driver. What happens to your licence depends on what is put to the court.

A recent outcome: Melbourne Magistrates’ Court

A client was supervising a learner driver from the passenger seat and returned a reading of 0.106. We made submissions on the difference between a driver and a supervising driver. The magistrate did not touch his licence and fined him $500 without conviction. Every case is different and past results do not guarantee an outcome. Read the case study.

If you were the driver

For a driver the rules are fixed. If found guilty, your licence must be cancelled for at least six months for a first offence at 0.05 to under 0.10, longer at higher readings. Learner and probationary drivers must have a zero reading, and face at least three months for any reading under 0.05. Police can also suspend a learner or probationary licence on the spot at 0.07 or more.

Where your case is heard

Your case is listed at the Magistrates’ Court for the area where police charged you, which we confirm from your paperwork. Box Hill (3128) is a short drive from our Nunawading office on Springvale Road, and we also have an office in the Melbourne CBD.

What people ask us

Will the learner be in trouble too?

Only if they had alcohol in their system. Learner and probationary drivers must have a zero reading, so any alcohol is an offence for them.

If my licence isn’t automatically cancelled, do I need a lawyer?

That is when advice matters most. Whether the court leaves your licence alone depends on how the submissions are made.

Will I get a criminal record?

Not necessarily. Courts can deal with the charge without recording a conviction, depending on your reading, your history and the circumstances.

Where to start

  • Check your paperwork for the exact charge. It should show whether you were charged as the driver or the supervisor.
  • Keep the learner’s logbook entry for that drive if there is one.
  • Get advice before you plead, because the supervising driver exemption needs to be raised properly.

99% of our work is traffic law and our fees are fixed, with no hidden costs. Read more on our drink driving page or in First time drink driving charge: what you need to know.

If you are worried about losing your licence or unsure what to expect at court, getting advice early can help you understand where you stand. Get a free case assessment.

Drink Driving Lawyer Box Hill
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    7/197 Springvale Road, Nunawading
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    Level 40, 140 William Street, Melbourne
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    Call us toll free on 1800 351 114 to speak with a lawyer.

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    Text us at 0412 100 780 with your first name, case type, and preferred call time (e.g. ‘Joe, drink driving, after 5pm’). We’ll arrange a barrister to call you back.

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    Email your charge, summons, and contact details to info@williamarcher.com.au, along with your preferred call time.

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    How it works

    A simple, stress-free process to get expert traffic law advice and the best outcome for your case.
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      STEP 01
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