What
is an interlock device?
An
interlock device is one which is attached
to the ignition of a car and stops it from being driven
unless it is blown into by someone who is alcohol free.
Following
are circumstances which effect a Court imposing an interlock
condition. They are provided to assist and should not be
used in place of ringing us and getting specific advice
about interlock;
The
Court must impose at least a six month interlock condition
on a first offender who is aged under 26
years old or was the holder of a probationary
licence who has an alcohol concentration of 0.07 or more.
For
a first offender with an alcohol concentration
of more than 0.15 there is a 6 month mandatory minimum period
of having to use an interlock device.
The
Court may choose to impose at least a six month interlock
condition on a first offender who is aged
over 26 years old, had an alcohol concentration of between
0.05 and 0.07 if the court has chosen to cancel that driver's
licence.
The
Court may choose to impose at least a six month interlock
condition on a first offender who is aged
over 26 years old, had an alcohol concentration
of between 0.07 and 0.15.
The
sort of factors that the Court take into account in accessing
whether or not to impose an interlock
condition are whether you were involved in an accident,
whether your driving was particularly dangerous and whether
any one was injured due to your driving etc.
Explaining
these factors and presenting your case in the best way to
the Court are why you need expert criminal lawyers acting
for you to minimize your interlock conditions. Choose lawyers
who are experienced in drink driving and traffic offences
and appear regularly in interlock related matters. Lawyers
specialize so choose lawyers who specialize in and are experts
in criminal and traffic law.
There
is a mandatory 4 year minimum period of
having to use an interlock device for drivers who are caught
with a second or subsequent reading of more than
0.15 or a subsequent refusal to provide
a sample.
There
is a 12 month mandatory minimum period
of having to use an interlock device for a second
offender who has a blood alcohol reading of less
than 0.15.
The
interlock device is a computer and records if there
have been any attempts to start it while alcohol effected.
This can then mean that a Magistrate will refuse to remove
the device at the end of the period ordered for having the
device.
At
the end of the period of an interlock device
it is necessary to list your matter at Court for an application
to have the device removed. It is important to have proper
advice and representation to present your matter properly
to the Court. Phone us on (03) 9670 5111 for free first
advice.
What
is an interlock device?