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The most frequent questions asked by our clients in relation to Mid-Range PCA offences, are:
“Do I have to have an interlock device installed?” or
“How do I get out of having a device installed?”
Interlock Orders are mandatory for Mid-Range offences committed after December 2018, unless the Court is persuaded to grant an Interlock Exemption Order. It is important to note, the Court is very hesitant in granting Interlock Exception Orders, due to the change in legislation and Parliament’s clear purpose of making Mid-Range PCA offences interlock applicable. The test for an Exemption Order depends on what offence you have been charged with. If you have been charged with a Mid-Range PCA first offence or second or subsequent offence, then the test differs.
The Court may only make the exemption order if satisfied:
An example provided is:
… there is only one vehicle to which the offender has access in which an interlock device could be installed and it is used jointly with a family member or other person who has a medical condition preventing the person from providing a sufficient breath sample to operate the device and it is not reasonably practicable to modify the device.
Exemption test means you must prove that:
To prove that you do not have access to a car you must show that:
The Legislation says that an Interlock Exemption Order must not be made, merely because an offender:
As you can see, Parliament has made it very difficult to circumvent the interlock program. You must be able to provide the Court’s with proof/evidence that one or multiple facets of the tests are met before the Court could be satisfied that an Exemption Order should be made.
If you are successful in overcoming these very specific tests applied by the Court, you are only granted an exemption from the interlock program, not the disqualification period. If an Interlock Exemption Order is granted by the Court for a Mid-Range PCA offence, you are required to serve an automatic 12 month disqualification period (can be reduced to 6 months) before you are eligible to re-apply for your licence.
If you have been charged with a Mid-Range PCA offence, it is very important that you receive timely and accurate advice. Please contact Armstrong Legal Criminal Law team for an obligation free consultation on 1300 168 676, to plan your defence and representation.
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Contact Armstrong Legal:
Sydney: (02) 9261 4555
Melbourne: (03) 9620 2777
Brisbane: (07) 3229 4448
Canberra: (02) 6288 1100