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 Melbourne drink driving defence lawyer wins another 0.05 case.
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.



Related Pages on this site:

Drink Driving FAQ
Breath Test offences
Blood Test offences
Drink Driving Penalties
Relicensing Applications
Interlock Conditions
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Drink Driving Online Forum

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