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Driving Offences


Welcome to the Victorian Driving Case Studies and Articles page. This section of the website provides additional reading material that is related to the law information pages. Each article and case study has been written by an experienced lawyer who has a wealth of knowledge on each area of law.

Simply click on the law information link that relates to your enquiry.


Articles and Information about:

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Basis for requesting preliminary breath test. Reasonable belief as to matters relevant to request
Blood sample and 3 hour rule
Breath sample and 3 hour rule
Breath testing instrument malfunctioning. Onus on accused to establish breat testing instrument not working.

Can a Court dismiss a drink driving offence under s. 49(1)(b) rather than s. 49(1)(f)
Careless Driving, Exceed PCA - Minimum possible disqualification period
Careless driving, Failing to stop after an accident - Gulity plea - Good behaviour bond, no loss of licence
Consequences of a police officer not informing of right to obtain a blood sample
Create False Entry in Log Book x 4 (s. 191Z of the Road Safety Act) - Diversion

Culpable driving and dangerous driving causing death - Acquittal
Culpable driving plea, County Court
Dangerous driving causing death Dangerous driving causing serious injury
Dangerous Driving, Careless Driving - Good Behaviour Bond
Dangerous driving, Fail to report damage - Minimum Disqualification Term and Fine. Charges of Failed To Turn Left At a Turn Left Only Sign, Turned Right in a Hook Turn Only Lane, Drive in a Bicycle Lane - Withdrawn
Doctor who authorises taking of blood sample pursuant to drink driving offence prosecution
Drink driving - Exceed prescribed concentration of alcohol
Drink driving and whether Informant required to explain from the outset the requirements of s. 55 of the Road Safety Act

Drink driving offence and whether breath testing instrument present when request for breath sample made
Drink driving offence and whether informant must explain consequences of refusing a preliminary breath test
Drink driving penalites and whether conviction recorded for earlier offence
Drink Driving x 2 - First charge struck out
Drive disqualified - Fine, no licence loss

Drive disqualified - Fine, no loss of licence
Drive disqualified - Intensive Corrections Order (ICO)
Drive disqualified - Suspended sentence
Drive disqualified - Wholly suspended sentence
Drive disqualified, Breach of suspended sentence - Intensive Corrections Order (ICO)
Drive disqualified, State false name and address - Wholly suspended sentence and Fine
Drive while impaired by drugs - Good Behaviour Bond
Drive while suspended by infringements
Drive while suspended by infringements - Fine without conviction, no loss of licence
Drive whilst license suspended - Suspended Sentence
Drive Whilst License Suspended, Fail to wear seat belt, Drive unregistered motor vehicle
Driving Offences - Appeal against term of imprisonment in the County Court
Driving under the influence, Careless driving - No conviction
Driving whilst disqualified- Suspended Sentence, Exceeding signed speed limit - Mandatory minimum licence loss

Driving whilst disqualified x 2, fraudulent use of plates x 3 - Suspended sentence
Driving Whilst License Disqualified, plea of guilty in Magistrates Court
Exceed PCA - .124%; Use a drug of dependence being heroin
Exceed PCA - 49 (1)(b), Exceed PCA 49(1)(f)
Exceed PCA - Community Based Order
Exceed Speed Limit - Charge Withdrawn
Exceed Speed limit (over 40kms but less than 45kms/hr in excess of permitted speed limit)
Fail to give way when changing lanes, Fail to produce drivers licence
Fail to report an accident - Fine and no loss of licence
Failure to provide driver a copy of the bac certificate.
Failure to specify correct location in charge sheet
Motor vehicle offences: exceed pca, drive disqualified
Negligently causing serious injury- driving matter- plea in the County Court

Not a defence to a charge under s. 49(1)(e) for refusing to accompany to say that refusal was for a reason of substantial character
Police officer not to discourage request for blood sample
Prosecution must ensure intergrity of blood sample taken for drink driving offences
Prosecution must establish that breath testing instrument used to take sample accords with definition under the Road Safety Act
Reckless conduct endangering serious injury, Dangerous driving, Refuse breath test, Driving under the influence (DUI), Failing to stop after an accident, Failing to report an accident, Failing to display P plates
Red Light Camera - Not Guilty
Refusal to remain - what must the Police tell you
Refusal to remain at breath-testing station
Request to accompany and to remain for the purpose of a breath/blood test
Road Rage incidndent - Recklessly cause serious injury - Community Correction Order
Taking blood sample, whether must prove request for breath test first
Traffic infringement notice is a prior offence for calculating disqualification

Traffic offences, appeal to County Court
Use of expert evidence and defending drink driving offences
Whether ommissions create a nullity or defective charge
whether prosecution bears onus of establishing breath testing instrument operated properly
Whether requirement to accompany for a breath sample be made on reasonable grounds
Whether the precise recital of the requirement to accompany police required

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