If you have received an infringement notice for drink driving in Victoria, you are also likely to receive demerit points and possible loss of licence.

If you don’t want to admit fault, you will need to contest the infringement notice, since paying it is an admission of guilt. This needs to be done reasonably quickly, as there are time limits.

Objecting to an infringement notice for drink driving

You need to file a notice of objection or you can choose to go to court. This means that the prosecution is required to prove your guilt. Whether you should or shouldn’t object to an infringement notice is a conversation you should have with your lawyer, as it can depend on a few factors.

If you want to delay or avoid losing your driver’s licence, then usually you will file an objection, but you won’t object if you just want to get the situation over and done with, and take your punishment.

Once an objection is lodged (ask us for help if you aren’t sure), the infringement notice is then cancelled and you will get a summons in the mail for court. If you haven’t already, this is a good time to seek legal advice.

Time limits for these objections involving drink driving are 28 days after the infringement notice is issued. If you pay the fine late, you get a reminder letter, but if you miss the objection date, you have no other options – your licence is gone.

The objection cut-off date is two weeks prior to the payment due date on your infringement notice. If you fail to object, your licence will be cancelled on the 29th day after the issue date.

Important tips on drink driving infringement notices

• Writing a letter pleading your case won’t help – if you want to object, you must formally object
• Check the back of the infringement notice for your objection form, and details of where to send it
• Check the instructions carefully on the form
• Have evidence that you posted the form within the required time-frame, since the mail can be slow
• You don’t have to use the form – you can write a letter that complies, and send it through the same process

Going to court – the process

1. After you lodge your objection, you will be sent a notice stating your infringement notice has been withdrawn – it does not exist anymore, nor do any demerit points or loss of licence (for now). The fine is no longer payable.
2. A few months will likely go by, then you will receive court papers by mail. The police have 12 months to send this notice.
3. This is a good time to seek legal advice, if you haven’t already.
4. Traffic infringements are prosecuted as criminal offences in a criminal court, where you plead guilty or not guilty. If you don’t show up, the court will determine if you are guilty or not guilty on their own.
5. If you are found guilty or plead guilty, it is unlikely that you will receive higher fines than the one you already had, or a loss of licence for longer.
6. Traffic offences aren’t typically recorded on your criminal record or National Police Check record, but is recorded in your VicRoads criminal record. Traffic offences do not tend to affect your future at all.
7. If you lose in court, you will be ordered to pay costs of $100, have to take a day off work, and incur legal fees from your lawyer.

What to do next

If you aren’t sure which route to take, contact us for a free chat about your circumstances. We can help!