Drink Driving Victoria Criminal Record Convictions

A lot of people don’t realise that even if you receive a Traffic Infringement Notice for a Drink or Drug Driving offence and aren’t required to attend court, that this will still result in a drink driving Victoria criminal record conviction.

When receiving a TIN, you have 28 days to elect for the matter to be heard in court. If you do not, this will be recorded as a conviction on your record on the 29th day. The only way to avoid this is to have the matter determined by a court and let your legal representation make submissions on your behalf to request no conviction of a drink driving Victoria criminal record to be recorded.


Avoiding A Conviction

Any court, when passing sentence, can impose a conviction as part of its sentence. Alternative sentencing options include getting a fine without a conviction, getting a good behaviour bond without a conviction, getting an s.76 dismissal without a conviction. A conviction can also be imposed by legislation via an infringement notice.

Circumstances where it might be important to avoid a conviction:

– you are a taxi driver and the Taxi Services Commissioner has indicated that a conviction for certain offences will result in your DC being suspended.

– you are a truck driver and your employer has decided that a conviction for certain traffic offences will cause you to lose your job.

– you want to be an Uber driver – they can be fussy about your traffic history.

– your insurer has a term in its contract that excludes cover for drivers who have convictions for certain offences.

– you are migrating to Australia and it has been indicated to you that your application for Permanent Residency will be refused if you have a drink driving Victoria criminal record for your pending charges.

– you are emigrating from Australia and the country to which you are going has indicated that a conviction for your offence will result in your application for residency being refused.

– you feel more comfortable knowing you do not have any conviction recorded against you.