Strict conditions apply to probationary licences. Infringement notices involve no court hearing. Drink-drive offences include drinking alcohol while driving and can lead to loss of licence. Drug-driving and excessive speed can also lead to loss of licence. Detection device or speed camera offences involve a fine and possible demerit points. Demerit points can be lost for various offences. The sheriff may suspend licence and car registration for non-payment of fines. Speeding at more than 25km/h over the speed limit incurs a minimum six month loss of licence. Penalties for driving under the influence (DUI) are heavier than for driving with excessive blood alcohol content (BAC). Refusing breath or blood tests can lead to two-year licence disqualification. Licence restoration after a drink driving offence will entail tests, courses, reports and a court appearance. Alcohol interlock devices are now more widely used. Drug driving convictions involve fines and disqualification. Heavy fines and possibly imprisonment can follow driving while disqualified. Dangerous driving incurs automatic licence disqualification. Police and courts can order the impoundment or immobilisation of motor vehicles for a variety of offences, apart from hoon driving. Repeat offenders may forfeit vehicles.


Peter Lynch


Madeleine Lynch

Lawyer, Fitzroy Legal Service

Diversion program

Last updated

1 July 2020

For an explanation of this, see ‘Diversion’ under ‘Other orders’ in Chapter 1.3: Sentencing in the Magistrates’ Court. The diversion program does not apply to speeding offences, drink-driving offences, dangerous-driving offences and some other offences (where there is a mandatory loss of licence) (s 59 CP Act). Any driver placed on a diversion program still incurs demerit points for the offence (s 59(7)).

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