The legal blood alcohol limit for fully licenced drivers in South Australia is .05. Probationary, provisional and learner drivers (L’s and P’s) must have zero blood alcohol when they drive. Category 1 Drink Driving is between 0.5-0.8 and is dealt with by way of a fine for a first offence. Category 2 (0.8-0.15) and Category 3 (.15+) are always dealt with in court. The minimum licence disqualification for a first offence Category 2 is six months (bar certain circumstances) while it the minimum is 12 months for Category 3 offences. Category 3 offences require a mandatory alcohol interlock device to be installed once your licence disqualification has concluded and you are reissued with a probationary licence.
It is a crime to drive a motor vehicle whilst there is cannabis or methamphetamines in your system. These substances can stay in your system for a long time and as they already against the law, a first offence positive result can result in an expiation notice and a minimum three month licence disqualification. The penalties increase for repeat offending.
Driving Under the Influence
If you are so intoxicated by drugs or alcohol (or both) and that impairs your ability to effectively control a vehicle, you will be charged with DUI. This is a serious offence and carries a maximum penalty of 12 months’ imprisonment, plus substantial fines and licence disqualifications.
Drive Unlicenced (Previously Held or Never Authorised)
If you drive when you have never held a licence or your licence has expired, you can be brought before the Court for punishment. Repeat driving without a licence can lead to imprisonment.
First offence drive disqualified carries a maximum penalty of six months imprisonment while second and subsequent offences carry a maximum penalty of two years imprisonment. You need professional legal representation if you are charged with Driving whilst Disqualified as you are at grave risk of imprisonment.
Drive after a Drink Driving or Drug Driving Disqualification without reapplying for your licence
If you drive after the conclusion of your Drink or Drug Driving Disqualification without obtaining your licence, you can lose your licence for a mandatory minimum of three years plus face imprisonment.
Demerit Point Reductions
Holders of a full licence can accrue up to 12 demerit points in a three year period. L and P plate drivers have a limit of 4. Contact us to discuss to see if you would be eligible for a demerit point reduction or licence appeal.
Driver’s Licence Appeals (Provisional and Probationary Licences)
Probationary and Provisional Licence can be given the option to appeal their licence disqualification to the Magistrates Court if certain conditions are met. Stevens Law has experience in successfully arguing for licence disqualifications to be overturned.
Many people want to fight a speeding fine. This area of law requires expert advice as it can be technical.
Do you have a traffic law problem?
Stevens Law are experienced South Australian traffic lawyers. All drivers in South Australia are bound by three primary laws, the Australian Road Rules, the Road Traffic Act and the Motor Vehicles Act. Most minor infringements such as low-range speeding, parking offences and other breaches are offences against the Australian Road Rules and are usually dealt with by the issuance of an expiation notice/infringement notice (a fine). More serious and imprisonable crimes such as Driving under the Influence, Dangerous Driving and Aggravated Driving without Due Care are dealt with by the Road Traffic Act. Licencing matters are primarily dealt with by the Motor Vehicles Act. All South Australians have the right to elect to be prosecuted to have their matter dealt with by the Magistrates Court while more serious matters such as Category 2 and 3 Drink Driving, Driving under the Influence and any imprisonable crime must be dealt with by a Court.
Stevens Law has a long track record of representing our clients charged with everything from low-level speeding to death by dangerous driving. For those who are not guilty of the offence, we have had success in obtaining Police agreement to drop or downgrade the charges. We have also successfully argued for demerit point reductions, no conviction to be recorded and the minimal penalties imposed when the offence is made out. We have also had previous success in overturning Service SA driver’s licence disqualifications in the Magistrates Court for probationary and provisional licence holders.
Please call us today on 8470 0313 to arrange your free appointment to discuss your traffic law matters with one of our experienced lawyers. We can represent some clients on Legal Aid subject to eligibility. We can also offer fixed fee and instalment plans for eligible clients.
The advice we provide is general in nature. Contact us for your free 30 minute appointment to discuss your case in detail today.