|
Defending
Drink Driving Offences in Victoria
Drink driving laws in
Victoria are constantly getting tougher.
It is now quite difficult for offenders
to retain their driver's licence in
ordinary cases. For most drivers it is
not possible to plead guilty and save
your licence. Nevertheless, every driver
charged with drink driving has a chance
of keeping their licence. Please read
the drink
driving FAQ
as it answers many common questions on
contesting drink driving offences.
Police give drink
drivers a traffic
infringement notice
if they are first offenders under 0.15%.
All other offenders are served with a charge
and summons
to appear in court. If your licence is
cancelled, you will then have to apply
to a court to be relicensed
and possibly have an interlock
condition imposed on your licence.
In most cases
challenging the charge in court is
essential if drivers want to avoid
losing their driver's licence or
suffering an interlock. Sean
Hardy has successfully defended many
drivers charged with traffic offences
and saved them from mandatory licence
loss. Every person charged with a drink
drive offence has a chance to keep their
driver's licence if the case is handled
properly. The chance of success is not
affected by how high the reading is, how
many prior offences you have or your
personal circumstances.
Victoria's drink
driving laws are strict liability
offences. They carry harsh mandatory
licence loss penalties which leave no
room for forgiveness, excuses or second
chances. Often that operates unfairly,
so getting quality legal assistance is
often the only way to oppose the
draconian nature of these mandatory
penalties. The absence of any court
discretion and no option for
drive-for-work licences makes it
necessary to win in court if your
livelihood is at stake. If you need to
avoid licence loss you should get expert
legal advice at the earliest
opportunity.
Any driver with an
alcohol concentration at or over 0.07%
will need to win in court if they wish
to keep their licence. All second
offenders need to win their case in
court if they want to keep their
licence. People who receive a notice of
immediate
suspension
of driver's licence are able to appeal
against the suspension to regain their
licence pending the court hearing.
Before you decide what
to do with your case, you should read
the pages on breath
tests,
fines,
the
drink driving FAQ,
penalties
and
legal
advice
because those
pages explain your options clearly and
answer all common questions.
The first step to
getting legal advice is to contact me to
make an appointment. The best time to
make an appointment is as soon as you
receive a court date, or immediately if
your licence is suspended prior to the
court case.
I have a thorough
knowledge of all Victoria's drink
driving laws
and I regularly challenge the
interpretation and effect of these laws
in the Supreme Court. I specialise in
winning drink driving cases. My clients
usually need to win to save their
licence. Pleading guilty is a last
resort. Although most of my work
involves defending drink driving
charges, I also act for people who want
expert representation in court on a plea
of guilty, in order to keep licence loss
periods, fines and jail terms to a
minimum.
|
