Licence
restoration hearing.
A
Licence restoration hearing can be a hard
process to deal with. We suggest that you ring us on (03)
9670 5111 to have a free first discussion about your licence
restoration.
It
is essential to get advice as this material is provided
simply as a starting point to assist understanding the licence
restoration process;
There
are several steps you have to take to regain your licence
and the main one is the licence restoration
hearing.
If
you are a first time drink driving offender with a BAC of
.15 or more, or a non-BAC offence, you will need
to begin these steps at least 12 months before you plan
to get your licence back.
If
you are a repeat drink driving offender these steps begin
toward the end of your licence
disqualification period.
You
must:
•
arrange an assessment report with an accredited driver education
agency; and
•
attend a Magistrates' Court nearest to where you live, to
arrange a hearing for a Licence Restoration Order; and
•
attend a VicRoads Customer Service Centre to have your licence
re- issued.
Only
the Magistrates' Court can issue you with a Licence Restoration
Order and it requires at least one assessment report of
your use of alcohol or drugs.
Assessments
for alcohol and drug driving
A
driver education agency provides essential assessment reports
that are used by the Magistrates' Court when deciding whether
or not to re-issue your licence at a licence restoration
hearing.
Depending
on your drink driving or drug driving offence you will need
the following assessment reports:
•
First time drink driving offender : If your offence was
a BAC of .15 or more, or it was a non-BAC offence, you will
require an assessment report from your driver education
agency at least twelve months before your hearing in a Magistrates'
Court, and a second report
within 28 days before the court hearing of a licence restoration
application.
•
A repeat drink driving offender with a cancelled licence
: You will require an assessment report from your driver
education agency within 28 days before the court hearing.
•
A drug driving offender : You will require an assessment
report from your driver education agency at least six months
before your hearing in the Magistrates' Court. You will
also need a second assessment report within 28 days before
the court hearing.
Driver
education program
You
might also be required to complete a driver education program.
A driver education program is designed to help you learn
more about how alcohol and drugs can affect your abilityto
drive, what your legal obligations are, and provide you
with information about how you can minimise the adverse
health affects of alcohol and drugs.
If
you are required to obtain a licence
restoration order, you should check with the court
to find out if you are required to complete a driver education
program.
You
must complete an eight hour driver education program if:
•
you are under 25 years and have been convicted of either
a drink driving or drug driving offence; or
•
VicRoads has requested that you attend a driver education
program.
Driver
education programs are conducted only by accredited agencies.
Record
of your convictions
The
driver education agency and the Magistrates' Court may require
a record of your driving history. This can be obtained from
any VicRoads Customer Service Centre or
by
contacting VicRoads on 13 11 71. To obtain your driving
history VicRoads requires evidence of your identity and
charges a fee for providing this information.
Attend
court to obtain your Licence Restoration Order
At
least 28 days BEFORE your licence or permit disqualification
period ends, you should attend a Magistrates' Court nearest
to where you live and arrange a court hearing. At that hearing
the Court will decide whether or not to issue you a Licence
Restoration Order.
Victoria
Police will
also interview you before the court hearing. For the court
to issue you with a Licence Restoration Order, it must receive
at least one assessment report from your driver education
agency. You should also provide the certificate that shows
you have successfully completed the driver education program.
It
is at this stage that you should consider getting representation
for your licence restoration hearing. If licence
restoration applications are not prepared properly
or presented to the Court properly Magistrates often adjourn
them for further periods of time. This means that you will
still not be able to drive even though what you thought
was the disqualification period has finished.
