magistrates court

1. If you believe that there is a reasonable prospect, and the court is satisfied based on evidence, that you will be acquitted of the offence and are not guilty of another offence under section 47IAA of the Road Traffic Act 1961. The Court may lift the Disqualification or Suspension until the hearing of the charge.

2. The court may reduce the Disqualification or Suspension if: -

1. The offence is a category 2 or category 3 offence that is a first offence and the court is satisfied based on the evidence that it may be successfully argued that the offence was trifling (in which case the court must order that the period be reduced to 1 month).
2. The offence is a category 3 offence and the court is satisfied based on evidence that the person may be acquitted of the offence but may be guilty of a category 2 offence. (In which case the court must order that the period be reduced to 6 months).

Note:
A Category 2 Offence means an offence against section 47B(1) of the Road Traffic Act 1961 involving a concentration of alcohol of less than 0.15 grams, but not less than 0.08 grams, in 100 millilitres of blood

A Category 3 Offence means an offence against section 47B(1) of the Road Traffic Act 1961 involving a concentration of alcohol of 0.15 grams or more in 100 millilitres of blood.

Once you have completed your application and obtained the necessary evidence to support your application you will need to attend at a Magistrates Court registry and lodge the document.

There is a fee to lodge an application.

For any further information please contact the Magistrates Court Call Centre on 8204 2444.

- top -