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Not guilty or not charged?

What happens if the driver is found not guilty or if they are not charged.

Police may impound or immobilise a vehicle if they have a reasonable suspicion that the vehicle was used when one of the relevant offences was committed.

The Crown (Government) has to pay the designated cost if:

  • the driver is found not guilty of the relevant offence, that led to the vehicle being immobilised or impounded (or any other relevant offences that arose out of the same single set of circumstances)
  • no charge sheet is filed, or
  • a charge sheet is filed, but the matter does not proceeded within 12 months from the date that the vehicle was impounded or immobilised.

What about costs?

If costs have already been paid, the person must be reimbursed. If the vehicle has not been collected by the owner or other authorised person, it must be released immediately. No costs are payable by the owner in these circumstances.

More information

Legislation

Road safety Act 1986 (Vic)

  • s. 84R—the Crown to pay costs if the driver is found not guilty of if charges do not proceed

See Road Safety Act 1986 (Vic).

Updated