Repeat drink driving offenders in Victoria
Any person who has committed and convicted of any driving offenses for the second time or more within a five year period is considered and termed as a repeat offender. Sometimes they are also referred to as habitual offender or recidivists.
The conviction must be three relevant offenses within a five year period and may include any of the following: major offense, driving exceeding the 45Kph limit over the designated speed limit, arrested for driving for a second time without ever been licensed, convicted of driving while disqualified or convicted of similar offenses in another Australian state or territory.
To be declared as a repeat traffic offender is something that should be avoided by the motorists. When convicted as a repeat offender, an automatic disqualification period of five years will be imposed by the magistrate court. Of course, this decision can be immediately appealed by the convict to the District Court, but a solid and valid defense should be raised therein or the appeal will be dismissed.
The magistrate court can also order a different disqualification period which shall not be less than 2 years which is discretionary on the part of the magistrate judge hearing the case. In Victoria, Australia repeat offenders are facing imprisonment aside from disqualification.
One will be declared as repeat offender when the third conviction for a similar or related offense was recorded. The five year disqualification period will be an additional penalty imposed to any existing disqualification penalty previously earned by the offender.
The reduction of the disqualification period by the magistrate court will not lie if the existing disqualification period still serving by the offender is more 12 months or more. The court will pity those whose existing disqualification period is less than 12 months since it is showing to the court the length of time the offender has served and without a license.
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.
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