ByLawyers News and Updates

Mandatory alcohol interlock orders – NSW

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Mandatory alcohol interlock orders were extended recently to have application to all mid-range drink driving offences, in addition to other serious alcohol offences and repeat offenders. Mandatory interlock orders are now a standard part of sentencing for drink driving offences in the Local Court. Interlock exemption orders are also available in certain circumstances.

By Lawyers content updated

Amendments have been made to the commentary and some precedent letters in the By Lawyers Traffic publication, within the NSW Criminal Guide, to cover in greater detail mandatory alcohol interlock orders and interlock exemption orders. Enhancements in this regard have also been made to the Appendix of traffic penalties for drink driving offences, located at the end of the Traffic commentary.

Mandatory alcohol interlock orders

Offenders who are subject to an alcohol interlock order can choose to install an interlock device in their vehicle at their own cost – currently about $2200 – and thereby reduce their disqualification period. The device prevents the vehicle being started unless the driver has a zero blood alcohol level. The devices also now incorporate facial recognition technology.

An offender who chooses to re-commence driving under an alcohol interlock order is then subject to a period during which they can only drive a vehicle fitted with an alcohol interlock device. The length of that period will depend upon the seriousness of the offence for which the order was imposed. If they choose not to install the interlock device, their disqualification period will continue for five years.

Interlock exemption orders

It is possible to seek an interlock exemption order. This means that the offender completes their entire disqualification period and must attend a Sober driver program – which currently costs $770 – but they are not subject to any interlock period. Good reasons need to be provided in support of an application for an interlock exemption order.

Further information

Practitioners should see the By Lawyers NSW Traffic Guide for further information.

Library of initial letters – Traffic Offences – VIC

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By Lawyers Victorian Traffic Offences guide has been expanded with the addition of 13 new initial letters to the client. These helpful precedents make initial client communication easier for solicitors advising clients in traffic matters.

The new letters contain details of the applicable penalties for some of the most common traffic offences. They enable practitioners to quickly and accurately advise clients on the available sentencing options for their offence immediately after the first conference and in advance of the first court attendance.

These new precedents are conveniently located within a folder called Library of initial letters to client in Folder A. Getting the matter underway.

The new letters cover drink and drug driving offences including all Blood Alcohol Content offences, driving while impaired and failing a roadside test. There are separate letters for both permit and full licence holders.

Because each letter has been drafted to correspond to a particular drink or drug driving offence and provides all details of the applicable penalty, they help practitioners prepare the client for court faster by eliminating the need to research the specific penalties which apply for a driving offence every time. The letters set out any applicable term of imprisonment, the number of penalty units for any fine, the licence suspension or disqualification period, the Interlock order requirements, the Behaviour Change Program requirements and other licence conditions.

To see the library of new initial letters just Click on the Guides and Precedents button from criminal or traffic matter  in LEAP, or select the Victorian Traffic Offences Guide on the By Lawyers website.

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