Drink Driving Lawyer?

Phil Simpson has over 25 years experience and can assist with getting you back on the road sooner, with the possibility of having your drink driving charges dropped. Contact Phil today.

Are You Facing Drink Driving Charges?

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Phil brings over 25 years of experience as a Barrister to every matter he handles. His knowledge of the law is matched by his pragmatic approach. He is recognised for his down-to-earth manner and his strong commitment to achieving the best result possible for each client.

Over the years Phil has acted for thousands of clients across a wide range of legal matters. He spends the majority of his time representing people charged by the Police with Drink Driving offences and other traffic related matters.

Drink Driving Melbourne

It is important to get the right advice about you matter. This will involve exploring whether or not you have a possible defence to your charges. The Drink Drive legislation is 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.

Drink driving charges - Get expert advice

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 and so on. Under the Road Safety Act, this scale goes to a maximum alleged reading of 0.24 (which is 24 months cancellation).

Melbourne Drink Driving Barrister

The penalties will vary considerably depending on whether or not you have a prior history of similar offending within the previous 10 years. Similarly, the outcome will usually take into consideration whether or not your offending is aggravated by other factors such as an accident, major interference with other traffic, a police chase or leaving the scene of a traffic accident.

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.

For example, if you’ve received a charge and summons, or a traffic infringement notice for a drink or drug drive offence within the previous 10 years, your minimum licence loss for your present offence will double. Please feel free to contact me to discuss this. The 10-year rule (which is set out in Section 50AA of the Road Safety Act) can sometimes be confusing to interpret.

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 26 years of age or older and not subject to a 0.00 alcohol limit, 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 imposed by a Magistrate 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.

Driving under the Influence of alcohol or drugs

The offence of driving under the influence of alcohol or drugs 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 potentially 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 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
Drug driving
Driving while impaired by a drug
Drink and drug driving

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 or charged by the Police in relation to a drink driving offence, you can make contact with me via text, phone or email. I will provide you with preliminary advice and explain your options to you. If you receive a charge and summons from the Police which attaches 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. 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. This document will also outline your previous court history.

Been Caught Drink Driving Melbourne

The Preliminary Brief is an important document as it provides an outline of the Police case against you. 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. Body Worn Camera footage can be extremely useful as it can assist to corroborate your instructions and also to highlight potential deficiencies in the Police case. 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.

Drink Driving Barrister Melbourne

Being charged by the Police can be very stressful

There are usually a variety of reasons why people find themselves charged with drink driving offences. It’s easy to feel like a criminal, even if you’ve never been to Court before. After nearly three decades in the Criminal Courts, I’m acutely aware that good people often find themselves charged with drink driving offences. Common reasons for offending are as follows:

Challenging personal circumstances
Mental-health or family struggles
An uncharacteristically bad decision
Peer group pressure
The complexities of addiction
A lack of understanding about potential penalties
Being uninformed about elimination rates of alcohol from the body

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 Court appearance, I will meet with you personally, listen to your story, analyse the facts and provide advice. I will also discuss with you some actions and activities that you can undertake to address the underlying issues that may have played a part in your offending. In essence, the more positive steps that you take prior to your court appearance, the greater the likelihood of a favourable Court outcome.