- Going to court and require a
Drink Driving Lawyer?
Phil Simpson – With over 25 years experience, Phil can assist with getting you back on the road sooner, and even the possibility of having your drink driving charges dropped. Contact Phil today.
Expertise
With over 25 years experience I have represented thousands of clients in a wide variety of cases.
Clear Focus
I predominatley represent clients in driving offences, traffic offences and criminal offences.
Customer Satisfaction
My dedication to client satisfaction is unmatched, providing personalised service and exceeding expectations.
- Drink Driving Barrister Melbourne
Going to Court For Drink Driving?
Phil Simpson has been a Barrister at the Victorian Bar for over 25 years. During this time, he has appeared for thousands of clients in a wide variety of cases. Phil spends most of his time appearing in the Magistrates’ Court for people who have been charged by the Police with driving offences.
Phil has a thorough knowledge of the law and is also pragmatic. He is known for his down-to-earth approach. He works hard for his clients and he is determined to get each of his clients the best possible outcomes.
Phil understands that the Court process can be a very stressful experience for the person charged as well as their partners, parents and family. Sensitive to this, Phil will always take the time to thoroughly explain to every client the steps that are involved in achieving the best outcome. He will explain the “legal speak” in a way that makes sense. He will meet with you in person and he is also available via text, phone and email to answer any questions that you may have.
Drink driving offences - Get the right advice
It is important to get expert advice as to whether or not you have a potential defence to your charges. Charges for drink driving are set out in Section 49(1) of the Road Safety Act 1986. If you are found guilty or plead guilty to a drink driving offence, the penalties vary depending on a range of factors.
The potential licence loss is referrable to your alleged reading. If you are a full licence holder and your matter is dealt with before a Magistrate, the starting point is 6 months cancellation for an alleged reading of between 0.05 and 0.099. For an alleged reading from 0.1 onwards, the minimum cancellation periods will reflect the reading. So, for example, 0.1 will be 10 months, 0.11 will be 11 months, 0.12 will be 12 months, 0.13 will be 13 months etc. Under the Road Safety Act, this scale goes to a maximum alleged reading of 0.24 (which is 24 months cancellation).
The penalties can also vary considerably depending on whether you have a prior history of similar offending or whether your offending is aggravated by other factors such as an accident, major interference with other traffic, a police chase or leaving for scene of an accident. It’s important to note that the cancellation periods listed in Schedule 1 of the Road Safety Act 1986 are minimum periods. The minimum periods will double if you have a previous matter under any paragraph of section 49(1) of the Road Safety Act within the previous 10 years. In other words, even a Traffic Infringement notice for a drug drive offence within the previous 10 years, will double your time off the road for a drink driving offence. The 10-year rule operates from the date that the previous offence was dealt with by the Court (or the date of the previous offence if it was a penalty notice offence) to the date that the current offence took place.
Infringement Notice for Drink Driving where the alleged reading is between 0.05 and 0.07
Under 89C(2) of the Road Safety Act, if the alleged reading is between 0.05 or more but less than 0.07 and, an infringement notice has been issued (rather than a Court date) and no objection has been taken to the infringement notice and at the time of the infringement the driver was not subject to a 0.00 alcohol limit, and the driver was 26 years of age or older then the minimum time that the person is disqualified from obtaining a licence or permit is 3 months.
If, however, a person objects to an infringement notice (in the above circumstances) and refers the matter to Court, the minimum licence loss that a Magistrate can impose will double from 3 months to 6 months. It’s important to get the right advice before referring your matter to Court in these circumstances.
0.00 limit for drivers with a Learner Permit or Probationary Licence
If you are subject to a 0.00 condition on your licence (for example, you may be on your learner permit or have a probationary licence), the minimum cancellation period for a first offence (below 0.05) is 3 months. The cancellation for a subsequent offence (below 0.05) is a minimum of 12 months – See Schedule 1 of the Road Safety Act 1986.
Drink Driving Lawyers Melbourne
Driving under the Influence of alcohol or drugs
The offence of driving under the influence is one of the most serious offences under section 49(1). The specific offence is as follows:
Section 49(1)(a) Road Safety Act – A person is guilty of an offence if he or she-
- Drives a motor vehicle or is in charge of a motor vehicle while under the influence of intoxicating liquor or of any drug to such an extent as to be incapable of having proper control of the motor vehicle;
The penalty for driving under the influence is punishable (for a first offence) to a fine of not more than 25 penalty units or to imprisonment for a term of not more than three months. In addition, the minimum period of cancellation is 24 months. This offence will often be charged alongside the drink driving offences set out in Section 49(1)(b) and 49(1)(f) of the Road Safety Act 1986. It is very important to get the right advice before pleading guilty to any drink driving related offence. The right advice could save your licence or drastically reduce your time off the road.
Specific Offences
The law relating to drink and drug driving is very technical and can be tricky to navigate. For this reason, the right advice can save you a lot of time and worry. In my experience, most people discover that, once they have some information and knowledge about the process and the appropriate next steps, they feel less anxious and much better equipped to make an informed decision about their various options.
The most common offences charged under Section 49 (1) of the Road Safety Act 1986 are as follows:
- Drink driving
- Driving under the influence of intoxicating liquor or drugs
- Failing to stop at a Preliminary breath testing station
- Drug driving
- Driving while impaired by a drug
- Drink and drug driving
- Refusing to undergo a preliminary breath test
- Refusing to undergo a preliminary oral fluid test
It is important that your case is carefully prepared so as to minimise the potential impact on you and your livelihood. It is best to get advice early in order to maximise your chances of a positive outcome
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What’s the process if I get charged by the Police?
If you get intercepted by the Police in relation to a drink driving offence, you should make contact with me via text, phone or email. I can provide you with preliminary advice and explain your options to you. If you receive a charge and summons from the Police attaching a preliminary brief of evidence, I recommend that you get in touch to book an appointment.
The preliminary brief of evidence
The preliminary brief of evidence is the document that gets served on you by the Police. While it may be served on you personally, it is usually served via regular post. This document will contain the charge and summons, together with the statement of alleged facts, witness statements, a list of exhibits and the evidence on which the Police intend to rely. The Preliminary Brief will also contain any prior offending that is alleged against you.
Drink Driving Barrister Melbourne
Drink Driving Melbourne
The Preliminary Brief is an important document as it provides an outline of the Police case against you. Depending on the nature of the offence/s against you, it may also contain a DVD/CD of your Record of Interview with the Police. It’s important to place these documents somewhere safe so that you don’t lose them.
When attending an interview with me, I will need to see a copy of the preliminary brief of evidence in order to provide advice about the best way forward.
Pre-hearing disclosure
As part of the pre-hearing disclosure process, I will also obtain a copy of the Body Worn Camera footage directly from the Police Informant. Don’t hesitate to call, text or email me if you have been interviewed or if you have received a charge and summons to appear at Court.
Being charged by the Police can be very stressful
In my experience, there are many reasons why people find themselves charged with drink and drug driving offences. It’s easy to feel like a criminal, even if it’s your first time before a Court. After more than 25 years in the Criminal Courts, I recognise that good people often find themselves charged with drink and drug driving offences. Common reasons for offending are as follows:
- An uncharacteristically bad decision
- Challenging personal circumstances such as mental-health or family struggles
- A misunderstanding about your rights and obligations
- Peer group pressure
- Addiction
- A lack of understanding about potential penalties
- Being uninformed about the elimination rates for drink and drugs from the body
Drink Driving Lawyer Jail Sentences
Minimise the potential impact on you and your livelihood
Drink Driving Lawyer Community Corrections Orders
Drink Driving Lawyer Victoria
It is my job to minimise your licence loss
Whatever the reason that you find yourself charged with an offence, it’s important to get advice from someone who understands the complexities, the process and the law.
In preparation for your matter, I will meet with you personally, listen to your story, analyse the facts and provide advice on the law. I will also make suggestions about individuals and agencies that may assist with the preparation of appropriate reports that will assist to minimise your penalty.
Victorian Courts I Attend For Drink Driving Matters
Drink driving matters at Ringwood Magistrates Courts
Matters involving Drink driving at Moorabbin Magistrates Courts
Cases involving Drink driving at Heidelberg Magistrates Courts
Cases relating to Drink driving at Wyndham Magistrates Courts
Drink driving at Melbourne Magistrates Court
Frankston Magistrates Court in relation to Drink driving matters
Dandenong Magistrates Court in relation to Drink driving matters
Broadmeadows Magistrates Court involving Drink driving matters
Neighbourhood Justice Centre relating to Drink driving matters
Sunshine Magistrates Court for Drink driving matters
FAQs
What courts do you attend?
When should I start the process of having a lawyer represent me?
The moment you have been faced with any charges or taken in for questioning you should make contact with a lawyer immediately.
What is better, a solicitor, lawyer or barrister?
Which Regional Court In Victoria Do You Attend?
Drink driving lawyer At Regional Victoria Courts
- Ararat Magistrates Court
- Bacchus Marsh Magistrates Court
- Bairnsdale Magistrates Court
- Ballarat Magistrates Court
- Benalla Magistrates Court
- Bendigo Law Courts
- Castlemaine Magistrates Court
- Cobram Magistrates Court
Drink driving lawyer at:
- Colac Magistrates Court
- Corryong Magistrates Court
- Dromana Magistrates Court
- Echuca Magistrates Court
- Edenhope Magistrates Court
- Geelong Magistrates Court
- Hamilton Magistrates Court
- Hopetoun Magistrates Court
- Horsham Magistrates Court
Drink driving lawyer At Regional Victoria Courts
- Kerang Magistrates Court
- Korumburra Magistrates Court
- Kyneton Magistrates Court
- Latrobe Valley Magistrates Court
- Mansfield Magistrates Court
- Maryborough Magistrates Court
- Myrtleford Magistrates Court
- Portland Magistrates Court
Drink driving lawyer at:
- Sale Magistrates Court
- Seymour Magistrates Court
- Shepparton Magistrates Court
- St Arnaud Magistrates Court
- Stawell Magistrates Court
- Wangaratta Magistrates Court
- Warrnambool Magistrates Court
- Wonthaggi Magistrates Court
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