Perth Drink Driving

Driving Under the Influence of Alcohol (Road Traffic Act s 63)

• Where a person is driving while under the influence of alcohol or drugs to such an extent as to be incapable of having proper control of the vehicle.
• The potential range for your sentencing will vary depending on:
  • The Blood Alcohol Concentration (BAC) in your body
  • Whether you have any prior offences under this section
  • Whether you were unlicensed, suspended, or disqualified at the time
  • The manner of your driving
• Ranges of drink-driving offences:
  • Driving with a BAC of or above 0.08 (Road Traffic Act s 64)
  • Driving with a BAC of or above 0.05 (Road Traffic Act s 64AA)
  • Driving with a BAC of or above 0.02 (Road Traffic Act s 64A)
  • Certain persons driving with any BAC (Road Traffic Act s 64AAA)
• It is also an offence to refuse to give a sample to Police
• To discuss your options, contact our office today. At Assurance Legal, we have achieved the best possible outcomes for our clients who have been charged with drink driving offences.

OBJECTION TO POLICE APPLICATION TO IMPOUND OR CONFISCATE VEHICLE

• Serious driving offences can lead to Police applying to impound your car for a specified period of time, or to confiscate your car permanently.  
• If you are a repeat offender, or your driving offence is serious, then Police are likely to seek an impound or confiscation order.
• Before a Court makes an impound or confiscation order, you will be given the opportunity to show cause why the order should not be made.
• The experienced team at Assurance Legal can prepare a comprehensive objection to the application to impound or confiscate your vehicle, helping to keeping you on the road.

EXTRAORDINARY DRIVER’S LICENCE (E-Plates)

We can also help you in obtaining an Extraordinary Driver’s Licence (EDL) or apply to have a lifetime disqualification revoked, so that you can get back on the road. Get your freedom back today. Contact Assurance Legal.

• If you have been disqualified from holding a driver’s licence, we may be able to assist you in regaining your ability to drive.
• EDL applications are usually based on medical, financial, or employment-related hardship grounds. For example, you need to be able to drive because –
  • Without a driver’s licence, you are unable to continue in your employment and
    • Utilising public transport to work isn’t a viable option (i.e. you may need to carry tools etc.)
    • Using rideshare/taxi services isn’t a viable option (i.e. you may be unable to afford the cost)
  • Without a driver’s licence, you would not be able to get to urgent hospital/medical appointments
• There are set waiting periods that apply and you must ensure that you do not have outstanding fines that are not subject to a time to pay arrangement before applying.
• An EDL hearing involves giving evidence in Court and being cross examined by a lawyer from the Department of Transport. If your application is denied, there is a minimum waiting period of 6 months before you can apply again. Therefore, it is important that you get it right the first time.
• We have experience in achieving ¬helping clients obtain an EDL, so contact Assurance Legal today.

APPLICATION TO REMOVE LIFETIME DRIVER’S LICENCE DISQUALIFICATION

Assurance Legal has expertise in ensuring that a client who has had a lifetime (or 3+ years) driver’s licence disqualification is able to regain their licence. Contact us today about how we can help you to apply for a driver’s licence disqualification removal.

• If you have received a driver’s licence disqualification for a period of longer than 3 years, then you may apply to get the disqualification lifted.
• Depending on how long your disqualification is, the waiting period before you can apply to have the driver’s licence disqualification revoked will be different:
  • 3 – 6 years (3 years)
  • 6 – 20 years (Half the disqualification period)
  • 20+ years (10 years)
• A successful applicant will –
  • Not be a danger to the public
  • Be of good character
  • Be able to explain their offences for which you were disqualified
  • Have taken steps to rehabilitate themselves
  • Show their need to regain their driver’s licence
• The Hearing of these applications will take place in either the District Court or Supreme Court, depending on the Court that disqualified your licence in the first place.
• The State Solicitors Office represents the Department of Transport at these hearings, so it is beneficial to have a lawyer assist you. If the application is objected to, a trial type hearing will be required.
• There is a potential for costs to be awarded against you if you are unsuccessful and you cannot apply again to have your licence reinstated for another year, so it is best to be represented by an experienced lawyer.