Not really mum related just wondering if someone could point me in the direction of a department that could help.
In 2012 I went through a check point in Melbourne and was subsequently charged with drink driving. The reading was 0.07. I was 25 at the time and hadn't realised my license had expired a couple of months earlier as normally it would be posted out but I'd forgotten to update my address. Because my license showed I was a p plater I lost my license and upon getting my license reinstated was required to have an interlock installed. The police said if I'd been on a full license it would have been a fine and demerit points.
After 6 months, and completing a drink driving course I went to court got the order to have my license reinstated with the interlock endorsement. When I went in to get my license (at Vic roads) I was handed my full license instead. They said I'd have been on my full license if I'd gone in to renew my license when it expired. So technically, I should have had my full license at the time I went through this check point? Anyone had a similar situation? Where would I even go to find out if I can have this over turned or get around the interlock requirement?
Side note, I know it was stupid of me to drink n drive in the first place. I am now a hard working single mum who cannot afford the costs associated with having an interlock installed. And the reason it has been left so long is soon after getting my license back i left the country but now need to return for my children's sake. I haven't had so much as speeding ticket since this happened.
9 Replies
Honestly it sounds like a court ruling would need to be over turned. It sounds like you'd need a lawyer
Sounds like youre kicking yourself for not renewing that licence, but at the end of the day, you didn't renew it. and by months. So you still had Ps. And you blew over. You need to be responsible for the situation being what it was. you were entitled to a full one, but you never went and got it. Now you have. So technically you could've should've had your full licence then - but you didn't because you didnt go get it.
Honestly I'd let it go. You didn't renew your licence, it doesn't matter what reason you had, you still didn't do it. You need to face the consequences of that. That's just life.
I would fight it. I moved and was driving around unlicensed for months before I realised, needed to use ID for something and realised so I completely understand. Luckily I wasn't pulled over during that time. Those interlocks are really expensive from what I have heard so I would try legal aid, not sure on their rules on who they represent but you could start with them. If they can't help you, they may give you some tips. If you need a private lawyer, will probably cost more than the interlock thingy, maybe just look into it and see what's available.
I wouldn't bother fighting it, at the end of the day you are getting off lightly. Imagine had you have hit someone and you were unlicensed and drink driving. It'd be a huge deal in court :) So I'd take the interlock and suck it up.
I say this in the most respectful way but the interlock system isn't meant to be cheap or convenient, it's main purpose is to be a deterrent. You would have been entitled to a full license but you didn't have a full license - therefore you were punished with the license you held at the time.
It's a hard lesson to learn but sometimes in life we make bad choices. We just have to accept the consequences, learn from our mistakes and move on.
Talk to vic roads in person and see where you stand. Honestly its still only a mid range offence and im surprised you have had an interlock at all. Most of the time its for between 12 to 24 mths.
Look for the community legal centre in your area or Victoria legal aid to see if you can get free legal advice.
I posted this question and wanted to clarify how it is I came to be driving with alcohol in my system since it has caused quite a stir via Facebook. I went for drinks after work with friend. Went back to my friends where I'd left my car via a taxi. Ate, went to sleep and woke up a few hours later feeling sober. Obviously everyone's bodies processes alcohol differently. I was young and dumb. Hindsight is a wonderful thing.
The point was to ask if anyone had a similar situation and where to go for advice, not for personal opinions of my actions. I will accept the fact I done the crime and therefore must do the time. I don't understand why so many people feel the need to be so judgemental. It's not the point of this page.
Ps this is in response to the Facebook comments, the feedback on the imperfect mum website has been very helpful and constructive.