VIC Drink Driving Appeal

When a driver is apprehended for a drink driving offense, the police will issue a traffic infringement notice unless this is the second drink driving offense of that driver. The traffic infringement notice serves four purposes: it informs the drink driver that his license is automatically suspended; it puts the drink driver on notice of the specific charge against him and the BAC he had at the time of the apprehension; it informs the drink driver of the penalties that the police have imposed upon the traffic offense; it also informs the drink driver that he has the choice of paying the fine or contesting the traffic offense in court.

All traffic infringement notices are subject to appeal in that the drink driver can always opt to contest the police’s charge of drink driving against him, the imposition of the automatic license suspension on him or the amount of fine imposed upon him. The appeal of the traffic infringement notice will give the drink driver the opportunity to present evidence in magistrate’s court. The decision of the magistrate’s court is final.