- Going to court for
Unpaid toll fines?
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 or drug 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.
- Hoon Driving Lawyers Melbourne
Have you been charged with Hoon Driving,?
As a Barrister Phil Simpson has been 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 all manner of driving offences.
Phil’s approach
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. Preparation and a clear understanding of your personal circumstances is vital to achieving the best possible Court 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.
Whatever the reason that you find yourself charged with an offence, it’s very important to get advice from a practitioner who understand the complexities of both the process and the law.
Require An Experienced Hoon Driving Barrister?
In recent years, more and more people find themselves being charged with offences related to hoon driving. The vast majority of driving offences in Victoria are dealt with under the Road Safety Act
Phil Simpson Hoon Driving Barrister
Some of the most common offences are:
- Careless Driving – (Section 65)
- Driving in a manner or at a speed that is dangerous (Section 64)
- Improper use of a motor vehicle – Loss of traction (Section 65A)
- Duty of a driver if an accident occurs (Section 61)
There are also a range of offences that are contained in the Road Safety Road Rules 2017 which are often charged in addition to the Road Safety Act offences.
These additional offences are generally referred to as Hoon offences. Typical hoon driving offences relate to burnouts and/or drifting on public roads, highways and road related areas. The most common hoon offences are as follows:
Feeling Unsure.. Concerned...
Don't Know Your Options..?
Let's Have A Confidential Chat
Being charged by the Police can be very stressful
These additional offences are generally referred to as Hoon offences. Typical hoon driving offences relate to burnouts and/or drifting on public roads, highways and road related areas. The most common hoon offences are as follows:
- Fail to have proper control of a vehicle (Regulation 297)
- Making unnecessary noise or smoke (Regulation 291)
- Improper use of motor vehicle (Section 65A Road Safety Act)
It’s important to get advice if you are charged with any driving offence. Police will often charge people with a number of separate offences arising out of a single incident of driving. This creates alternative charges which can often be the subject of negotiation and subsequent withdrawal. If you chose to plead guilty, it’s important that you only.
Furthermore, there are some offences that attract demerit points and some that don’t. In negotiating a plea with the Police, it’s important to consider all the issues and to minimise any future impact on your ability to drive.
Hoon driving doesn’t necessarily result in a loss of licence. However, it is usually the alternative charges that can put you off the road. For example, driving in a manner dangerous (if proven) has a mandatory licence loss of 6 months.
Hoon Driving Barrister Melbourne
Driving in manner dangerous or driving at a speed that is dangerous can also result in a jail sentence, although this is rare. The outcome will always depend on your driving history and any similar offending in the past.
Victorian Hoon Driving Laws
There is certain driving conduct that may also be charged under the Crimes Act. Examples of these charges are, reckless conduct endangering serious injury (Crimes Act, Section 23) and reckless conduct endangering life (Crimes Act, Section 22). While these offences can relate to a wide range of offending, it’s not uncommon to see drivers charged with these offences in the Magistrates’ Court.
These offences under the Crimes Act are indictable offences and the penalties are significantly higher than for other driving offences that are heard and determined by a Magistrate. These offences commonly arise out of high speed or inherently dangerous driving activities that put others at risk. These charges will usually be charged alongside speeding, careless driving and hooning offences. The Crimes Act offences have different proofs and it’s important to get the right advice before making a decision on how to proceed with these offences. In the context of driving, these offences are often difficult for the police to prove and careful consideration needs to be given to the circumstances in which they are alleged to have been committed. The right advice is critical.
Minimise the potential impact on you and your livelihood
Hoon driving Lawyers Community Corrections Orders
Hoon driving Lawyers Victoria
Hoon Driving Melbourne
Whatever the reason that you find yourself charged with an offence, it’s very important to get advice from a practitioner who understands the complexities of both the process and the law.
It is my job to maximise your chances of staying on the road
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.
- Drug Driving Offences
Going to Court For Drug Driving Offences?
100+ 5 Star Google Reviews.
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 all manner of 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.
Drug Driving Offences Barrister Melbourne
Drink and drug driving offences - Get expert advice
The charge for drink and drug driving is set out in Section 49(1) (bc) of the Road Safety Act 1986. If you are found guilty or plead guilty to a drink and drug driving offence, the penalties are significant. The penalties can also vary considerably depending on whether you have a prior history of similar offending. If you plead guilty (or are found guilty by a Court) for a drink and drug driving offence, mandatory licence loss provisions apply.
The licence loss provisions can be found in Schedule 1AB of the Road Safety Act 1986. The minimum disqualification periods are significantly higher than for the offence of drink driving (without drugs) and much more significant than for drug driving (without alcohol). It’s important to note that you can go to jail for a second or subsequent offence of drink and drug driving. The maximum jail terms vary according to one’s history of prior offending and the alleged concentration of alcohol for the particular offence. The maximum jail terms can range between 6-18 months.
The minimum licence loss will depend on whether you have offended against Section 49(1) of the Road Safety Act in the past 10 years. The 10-year rule operates from the date that the previous offence was dealt with by the Court, to the date that the current offence took place.
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 alcohol
- 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.
Feeling Unsure.. Concerned...
Don't Know Your Options..?
Let's Have A Confidential Chat
What’s the process if I get charged by the Police?
If you get intercepted by the Police in relation to a drink or drug 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.
Drug Driving Offences Lawyers Melbourne
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.
Drug Driving Offences Charges 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.
Drug Driving Offences Barrister Melbourne
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
It is my job to maximise your chances of staying on the road
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.
- Hoon Driving Lawyers Melbourne
Have you been charged with Hoon Driving?
As a Barrister Phil Simpson has been 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 all manner of driving offences.
Phil’s approach
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. Preparation and a clear understanding of your personal circumstances is vital to achieving the best possible Court 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.
Whatever the reason that you find yourself charged with an offence, it’s very important to get advice from a practitioner who understand the complexities of both the process and the law.
Require An Experienced Hoon Driving Barrister?
In recent years, more and more people find themselves being charged with offences related to hoon driving. The vast majority of driving offences in Victoria are dealt with under the Road Safety Act
Phil Simpson Hoon Driving Barrister
Some of the most common offences are:
- Careless Driving – (Section 65)
- Driving in a manner or at a speed that is dangerous (Section 64)
- Improper use of a motor vehicle – Loss of traction (Section 65A)
- Duty of a driver if an accident occurs (Section 61)
There are also a range of offences that are contained in the Road Safety Road Rules 2017 which are often charged in addition to the Road Safety Act offences.
These additional offences are generally referred to as Hoon offences. Typical hoon driving offences relate to burnouts and/or drifting on public roads, highways and road related areas. The most common hoon offences are as follows:
Feeling Unsure.. Concerned...
Don't Know Your Options..?
Let's Have A Confidential Chat
Being charged by the Police can be very stressful
These additional offences are generally referred to as Hoon offences. Typical hoon driving offences relate to burnouts and/or drifting on public roads, highways and road related areas. The most common hoon offences are as follows:
- Fail to have proper control of a vehicle (Regulation 297)
- Making unnecessary noise or smoke (Regulation 291)
- Improper use of motor vehicle (Section 65A Road Safety Act)
It’s important to get advice if you are charged with any driving offence. Police will often charge people with a number of separate offences arising out of a single incident of driving. This creates alternative charges which can often be the subject of negotiation and subsequent withdrawal. If you chose to plead guilty, it’s important that you only.
Furthermore, there are some offences that attract demerit points and some that don’t. In negotiating a plea with the Police, it’s important to consider all the issues and to minimise any future impact on your ability to drive.
Hoon driving doesn’t necessarily result in a loss of licence. However, it is usually the alternative charges that can put you off the road. For example, driving in a manner dangerous (if proven) has a mandatory licence loss of 6 months.
Hoon Driving Barrister Melbourne
Driving in manner dangerous or driving at a speed that is dangerous can also result in a jail sentence, although this is rare. The outcome will always depend on your driving history and any similar offending in the past.
Victorian Hoon Driving Laws
There is certain driving conduct that may also be charged under the Crimes Act. Examples of these charges are, reckless conduct endangering serious injury (Crimes Act, Section 23) and reckless conduct endangering life (Crimes Act, Section 22). While these offences can relate to a wide range of offending, it’s not uncommon to see drivers charged with these offences in the Magistrates’ Court.
These offences under the Crimes Act are indictable offences and the penalties are significantly higher than for other driving offences that are heard and determined by a Magistrate. These offences commonly arise out of high speed or inherently dangerous driving activities that put others at risk. These charges will usually be charged alongside speeding, careless driving and hooning offences. The Crimes Act offences have different proofs and it’s important to get the right advice before making a decision on how to proceed with these offences. In the context of driving, these offences are often difficult for the police to prove and careful consideration needs to be given to the circumstances in which they are alleged to have been committed. The right advice is critical.
Minimise the potential impact on you and your livelihood
Hoon driving Lawyers Community Corrections Orders
Hoon driving Lawyers Victoria
Hoon Driving Melbourne
Whatever the reason that you find yourself charged with an offence, it’s very important to get advice from a practitioner who understands the complexities of both the process and the law.
It is my job to maximise your chances of staying on the road
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.
- Drug Driving Lawyers Melbourne
Charged with a Drug Driving Offence?
Phil Simpson - Barrister 25+ Years
For over 25 years, Phil Simpson has been appearing for individual and corporate clients in Victorian Courts. Over this time, he has appeared for thousands of clients in a wide variety of criminal and traffic matters. The vast majority of driving offences in Victoria are heard and finalised in the Magistrates’ Court.
Phil is pragmatic and he is results-focused. He is known for his down-to-earth approach and he has a thorough knowledge of the law. He works hard for his clients and he is determined to get each of his clients the best possible outcome.
Melbourne Drug Driving Lawyers
There is no question that the Court process can be a very stressful experience. The stress is not usually limited to the person charged. It is also a stressful experience for their family members and close friends. Phil understands the impact that Court has on everyone involved in the process. For this reason, he carefully takes the time to thoroughly explain to every client (and their family if necessary) 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.
Drug Driving Barrister Melbourne - Get expert advice
It is important to get advice as to whether or not you have a potential defence to your charge. Offences for Drug Driving are set out in Section 49(1) of the Road Safety Act 1986. If you are found guilty or plead guilty to a Drug Driving offence, there are mandatory licence loss provisions. The penalties can also vary considerably depending on whether you have a prior history of similar offending.
The most common Drug Driving Offences are found in Section 49(1)(bb) and 49(1)(h) of the Road Safety Act.
While you may receive a Charge and Summons to attend Court for the offence of Drug Driving, for a first offence, these matters are often finalised by way of a Traffic Infringement Notice. Regardless of whether you are issued a Traffic Infringement Notice or a charge and summons to attend Court, the minimum licence loss provisions are the same in both circumstances.
A person who is guilty of a Drug Driving offence under 49(1)(bb) or 49(1)(h) is liable to a fine of not more than 12 penalty units (first offence), not more than 60 penalty units (second offence) and for any subsequent offence, to a fine of not more than 120 penalty units. As you can see, the maximum penalties can increase significantly each time you go to Court.
Can I go to jail for Drug Driving Offences?
Driving under the Influence of drugs
If you get intercepted by the Police in relation to a drink or drug 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.
No, you cannot go to jail for the offence of Drug Driving under 49(1)(bb) or 49(1)(h) of the Road Safety Act. However, the Magistrate may have you assessed as to your suitability for a Community Corrections Order.
A Community Corrections Order can be quite onerous and may require you to engage with the Office of Corrections for supervision as well as unpaid community work. The likelihood or otherwise of being sentenced to a Community Corrections Order depends on a number of factors and will usually relate to whether or not you have relevant prior offences for Drug Driving. It’s important to seek advice about possible defences and potential sentencing outcomes as soon as you are served with your charge and summons documents.
Licence loss for Drug Driving in Melbourne
In Victoria, the sentencing regime for Drug Driving is mandatory (with one exception – see below). On convicting a person, or finding a person guilty of an offence of Drug Driving under 49(1)(bb) or (h), the court must, if the offender holds a driver licence or learner permit, cancel that licence or permit and, whether or not the offender holds a driver licence or permit, disqualify the offender from obtaining one for at least 6 months (first offence) and in the case of a subsequent offence, for a period of at least 12 months.
Experienced Melbourne Drug Driving Lawyer
Licence loss exception – Section 50(1F) Legal Medicinal Cannabis
If you are charged with a Drug Driving offence under section 49(1)(bb), (h) or (i) and the drug detected relates to the use of a prescription drug that is a legal medicinal cannabis product that is used in accordance with a prescription or other authority, you may be able to keep your licence. Upon a conviction or a finding of guilt, the court may, if the offender holds a driver licence or learner permit, cancel that licence or permit and, whether or not the offender holds a driver licence or learner permit, disqualify the offender from obtaining on for at least 6 months (first offence) and at least 12 months (subsequent offence). The important word in this scenario is “may.” A licence suspension/cancellation is no longer mandatory in these circumstances.
Melbourne Drug driving lawyers - Drug Driving Car Accidents
The inclusion in the Road Safety Act of Section 50(1F), creates a discretion for a Magistrate that did not previously exist. A Magistrate has now been given the discretion to finalise this offending, without interfering with a person’s licence, provided that the medicinal cannabis had been appropriately prescribed and was being used in accordance the prescription or other authority.
Feeling Unsure.. Concerned...
Don't Know Your Options..?
Let's Have A Confidential Chat
Melbourne Drug Driving Offences
It’s important to note that a Drug Driving offence under the above 49 (IF) exception. STILL an offence. This discretion simply creates a limited opportunity for a Magistrate to finalise this type of matter without interfering with the person’s capacity to drive. The exception does not legalise drug driving. A Magistrate will need to be satisfied about all relevant matters before exercising their discretion. If you find yourself in this category, preparation is important in order to maximise your chances of a favourable outcome. It’s important to get the right advice and to prepare properly. The right preparation and material can keep you on the road.
The most common Drug Driving Offences under Section 49 (1) of the Road Safety Act 1986 are as follows
- Driving under the influence of intoxicating liquor or drugs
- Drug Driving Offences
- Driving while impaired by a drug
- Drug Driving Offences Offences
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.
Minimise the potential impact on you and your livelihood
Drug driving Community Corrections Orders
Drug driving lawyers Victoria
The preliminary brief of evidence
The preliminary brief of evidence is the document that gets served on you by the Police. 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 at the hearing of your matter. The Preliminary Brief will also contain any prior offending that is alleged against you.
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
There are many reasons why people find themselves charged with Drug Driving offences. It’s easy to feel like a criminal, even if it’s your first time before a Court. I recognise that good people often find themselves charged with Drug Driving offences. Common reasons for offending are as follows:
- An uncharacteristically bad decision
- Addiction
- Challenging personal circumstances (mental-health or family struggles)
- Peer group pressure
- A lack of understanding about potential penalties
- Being uninformed about the elimination rates for drugs from the body
It is my job to maximise your chances of staying on the road
Regardless of why you are charged, it’s vitally important to get advice from someone who understands the complexities, the process and the law. Given the mandatory nature of sentencing associated with Drug Driving offences, saving your licence can often be very difficult task. In circumstances where you chose to plead guilty, my role is to minimise the overall penalty.
In preparation for your matter, I will listen to your story, analyse the facts and provide advice on the law. I can also help you to consider the individuals or organisations within your world that could comment on some of your previous struggles. If you have a strong therapeutic relationship with a GP, counsellor or other specialist, these people may be able to comment on your history, background, insight and progress. Frequently, their written observations will assist you to achieve a positive Court outcome.
- Drug Driving Lawyers.
Charged with a Drug Driving Offence?
Phil Simpson - Barrister 25+ Years
For over 25 years, Phil Simpson has been appearing for individual and corporate clients in Victorian Courts. Over this time, he has appeared for thousands of clients in a wide variety of criminal and traffic matters. The vast majority of driving offences in Victoria are heard and finalised in the Magistrates’ Court.
Phil is pragmatic and he is results-focused. He is known for his down-to-earth approach and he has a thorough knowledge of the law. He works hard for his clients and he is determined to get each of his clients the best possible outcome.
Melbourne Drug Driving Lawyers
There is no question that the Court process can be a very stressful experience. The stress is not usually limited to the person charged. It is also a stressful experience for their family members and close friends. Phil understands the impact that Court has on everyone involved in the process. For this reason, he carefully takes the time to thoroughly explain to every client (and their family if necessary) 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.
Drug Driving Barrister Melbourne - Get expert advice
It is important to get advice as to whether or not you have a potential defence to your charge. Offences for Drug Driving are set out in Section 49(1) of the Road Safety Act 1986. If you are found guilty or plead guilty to a Drug Driving offence, there are mandatory licence loss provisions. The penalties can also vary considerably depending on whether you have a prior history of similar offending.
The most common Drug Driving Offences are found in Section 49(1)(bb) and 49(1)(h) of the Road Safety Act.
While you may receive a Charge and Summons to attend Court for the offence of Drug Driving, for a first offence, these matters are often finalised by way of a Traffic Infringement Notice. Regardless of whether you are issued a Traffic Infringement Notice or a charge and summons to attend Court, the minimum licence loss provisions are the same in both circumstances.
A person who is guilty of a Drug Driving offence under 49(1)(bb) or 49(1)(h) is liable to a fine of not more than 12 penalty units (first offence), not more than 60 penalty units (second offence) and for any subsequent offence, to a fine of not more than 120 penalty units. As you can see, the maximum penalties can increase significantly each time you go to Court.
Can I go to jail for Drug Driving Offences?
Driving under the Influence of drugs
If you get intercepted by the Police in relation to a drink or drug 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.
No, you cannot go to jail for the offence of Drug Driving under 49(1)(bb) or 49(1)(h) of the Road Safety Act. However, the Magistrate may have you assessed as to your suitability for a Community Corrections Order.
A Community Corrections Order can be quite onerous and may require you to engage with the Office of Corrections for supervision as well as unpaid community work. The likelihood or otherwise of being sentenced to a Community Corrections Order depends on a number of factors and will usually relate to whether or not you have relevant prior offences for Drug Driving. It’s important to seek advice about possible defences and potential sentencing outcomes as soon as you are served with your charge and summons documents.
Licence loss for Drug Driving in Melbourne
In Victoria, the sentencing regime for Drug Driving is mandatory (with one exception – see below). On convicting a person, or finding a person guilty of an offence of Drug Driving under 49(1)(bb) or (h), the court must, if the offender holds a driver licence or learner permit, cancel that licence or permit and, whether or not the offender holds a driver licence or permit, disqualify the offender from obtaining one for at least 6 months (first offence) and in the case of a subsequent offence, for a period of at least 12 months.
Experienced Melbourne Drug Driving Lawyer
Licence loss exception – Section 50(1F) Legal Medicinal Cannabis
If you are charged with a Drug Driving offence under section 49(1)(bb), (h) or (i) and the drug detected relates to the use of a prescription drug that is a legal medicinal cannabis product that is used in accordance with a prescription or other authority, you may be able to keep your licence. Upon a conviction or a finding of guilt, the court may, if the offender holds a driver licence or learner permit, cancel that licence or permit and, whether or not the offender holds a driver licence or learner permit, disqualify the offender from obtaining on for at least 6 months (first offence) and at least 12 months (subsequent offence). The important word in this scenario is “may.” A licence suspension/cancellation is no longer mandatory in these circumstances.
Melbourne Drug driving lawyers - Drug Driving Car Accidents
The inclusion in the Road Safety Act of Section 50(1F), creates a discretion for a Magistrate that did not previously exist. A Magistrate has now been given the discretion to finalise this offending, without interfering with a person’s licence, provided that the medicinal cannabis had been appropriately prescribed and was being used in accordance the prescription or other authority.
Feeling Unsure.. Concerned...
Don't Know Your Options..?
Let's Have A Confidential Chat
Melbourne Drug Driving Offences
It’s important to note that a Drug Driving offence under the above 49 (IF) exception. STILL an offence. This discretion simply creates a limited opportunity for a Magistrate to finalise this type of matter without interfering with the person’s capacity to drive. The exception does not legalise drug driving. A Magistrate will need to be satisfied about all relevant matters before exercising their discretion. If you find yourself in this category, preparation is important in order to maximise your chances of a favourable outcome. It’s important to get the right advice and to prepare properly. The right preparation and material can keep you on the road.
The most common Drug Driving Offences under Section 49 (1) of the Road Safety Act 1986 are as follows
- Driving under the influence of intoxicating liquor or drugs
- Drug Driving Offences
- Driving while impaired by a drug
- Drug Driving Offences Offences
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.
Minimise the potential impact on you and your livelihood
Drug driving lawyers Community Corrections Orders
Drug driving lawyers Victoria
The preliminary brief of evidence
The preliminary brief of evidence is the document that gets served on you by the Police. 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 at the hearing of your matter. The Preliminary Brief will also contain any prior offending that is alleged against you.
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
There are many reasons why people find themselves charged with Drug Driving offences. It’s easy to feel like a criminal, even if it’s your first time before a Court. I recognise that good people often find themselves charged with Drug Driving offences. Common reasons for offending are as follows:
- An uncharacteristically bad decision
- Addiction
- Challenging personal circumstances (mental-health or family struggles)
- Peer group pressure
- A lack of understanding about potential penalties
- Being uninformed about the elimination rates for drugs from the body
It is my job to maximise your chances of staying on the road
Regardless of why you are charged, it’s vitally important to get advice from someone who understands the complexities, the process and the law. Given the mandatory nature of sentencing associated with Drug Driving offences, saving your licence can often be very difficult task. In circumstances where you chose to plead guilty, my role is to minimise the overall penalty.
In preparation for your matter, I will listen to your story, analyse the facts and provide advice on the law. I can also help you to consider the individuals or organisations within your world that could comment on some of your previous struggles. If you have a strong therapeutic relationship with a GP, counsellor or other specialist, these people may be able to comment on your history, background, insight and progress. Frequently, their written observations will assist you to achieve a positive Court outcome.
- Driving While Suspended Lawyer
Phil Simpson Barrister
100+ 5 Star Google Reviews
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 much of his time appearing in the Magistrates’ Court for people who have been charged by the Police for suspended or disqualified driving.
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 outcome.
Phil understands that the Court process can be a very stressful experience for the person charged as well as for 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.
Been charged with Driving While Suspended?
The offences of driving while suspended and driving while disqualified are offences under section 30 of the Road Safety Act 1986.
Upcoming court case for driving while suspended?
I have represented hundreds of suspended and disqualified drivers since becoming a Barrister more than 25 years ago. If you are charged with driving while suspended or disqualified, it is important to seek sound legal advice. You may have a defence to the charge – I can advise you on this. Even if you don’t have a defence, there are some very important steps involved in properly preparing your case for a plea in mitigation.
It’s important to understand that there is NO mandatory licence loss associated with these offences. This being the case, the aim of the game is to keep you on the road.
Driving while suspended or disqualified is regarded as a serious offence by both Parliament and the Courts. This is reflected in the possible sentencing options available to a Magistrate when dealing with these matters. Under the Road Safety Act, anyone who commits these offences can be fined heavily and be at risk of imprisonment.
Losing your licence
When I prepare a case for someone who has been caught driving while suspended or disqualified, all the preparation is geared towards keeping you on the road. While a Magistrate does have a discretion to further suspend your licence, thorough preparation will maximise your chances of staying on the road.
Matters that a Court will usually consider when formulating a penalty:
- Was your licence suspended via a penalty notice, a Court order or the result of a demerit point suspension via VicRoads?
- How many months into your suspension period did you get caught driving?
- Have you got previous driving history and, in particular, do you have a prior Court appearance for driving while suspended or disqualified?
- Is your offence aggravated by other offending (for example, speeding, drink/drug driving, hoon driving or an accident?
- Do you have any personal challenges such as family troubles, mental health or medical issues?
- What is your financial position and to what extent does your employment rely on your ability to drive?
What you must do if your licence is suspended
If the magistrate further suspends your licence, you cannot drive until your period of suspension has finished. Unfortunately, in Victoria, there are no exceptions to this. For example, you cannot drive for the purposes of work or to pick up your children from school or even to drive a friend or parent to a medical appointment. There are no special licences that allow you to drive during a period of suspension or disqualification.
Phil Simpson Barrister | Driving While Suspended Lawyer
Driving while suspended is a serious offense in Victoria, resulting in severe penalties that can include heavy fines, vehicle impoundment, extended licence loss, and up to two years in prison. As a result navigating the legal system alone can result in significantly higher fines, hiring an expert traffic lawyer such as Phil Simpson Barrister with 25+ years experience can assist building a strong defense, negotiate with police, or prepare a mitigation plea to avoid jail and keep your license
The Need For Legal Representation
Having a lawyer is not mandatory, traffic proceedings involve complex rules of evidence and current legislation. An experienced Lawyer or Barrister protects your rights by reviewing the police brief, finding weaknesses in the prosecution’s evidence, and presenting a strong mitigating case in the event you plead guilty.
Potential Penalties Can Include:
Under Section 30 of the Road Safety Act 1986 (Vic), the maximum penalties are strictly enforced
- First offence: Fines up to 30 penalty units or up to four months imprisonment.
- Subsequent offences: Fines up to 240 penalty units (over $46,000) and up to two years imprisonment.
- Additional consequences: Magistrates can impose extended suspension periods, further disqualification time, and impound or forfeit your vehicle
Common Defences Include:
A Barrister/Lawyer can assist you seeing if you have valid legal grounds to contest the charge, which may include:
- Honest and reasonable mistake: You made an honest and reasonable error in fact (e.g., unaware your suspension was active).
- Emergency: You were driving due to an emergency or to seek urgent medical treatment.
- Improper suspension: The initial suspension was not legally valid or you were not properly notified
Impounding your vehicle:
If you get pulled over by the police for the offence of driving while suspended or disqualified, the police will often impound your vehicle for an initial period of 30 days. This is a costly process and will usually be in excess of $1000 inclusive of towing and storage fees.
Alternative sentencing options for driving while suspended or disqualified:
- Adjourned Undertaking (Good behaviour bond)
- Fine with or without conviction
- Community Corrections Order
- Jail sentence (up to 2 years)
Is Driving While Suspended a Crime?
Driving while suspended or disqualified is a summary offence, which means it’s heard and determined in the Magistrates’ Court. The outcome will appear on your Court history. In some circumstances it may also show up on a National Police Check.
It’s crucial that you understand your rights in relation to the offence of driving while suspended or disqualified. You may even have a defence. The decision to seek legal advice is crucial to understanding your rights, to explore possible defences, and to minimise penalties. The right advice will make a big difference and will assist you to move forward with the confidence to make an informed decision.
Should I get legal representation for my Court appearance?
While there is no obligation to be represented, the presence of a Barrister definitely sends the right message to the Court. Among other things, it shows the Court that you are taking the matter very seriously. Magistrates often comment on the fact that a person has sourced and engaged legal representation. It also demonstrates to the Court that you have gained an appropriate level of insight and remorse. As a combination, these factors generally increase your chances of keeping your licence. I will work extremely hard to keep you on the road and to minimise the overall impact for you and for those that depend on you. I am very happy to discuss your options with you in order to achieve the best possible outcome.
Being charged by the Police can be very stressful
In my experience, there are many reasons why people find themselves charged with suspended or disqualified driving. 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 suspended or disqualified driving. This can be a very stressful situation to find yourself in.
Common reasons for offending are as follows:
- An uncharacteristically bad decision
- Driving in order to maintain your employment
- Challenging personal circumstances such as mental-health or family struggles
- A misunderstanding about your rights and obligations
- Peer group pressure
- Lack of support from friends or family to assist with alternative transport arrangements during your period of suspension
- The lack of effective and reliable public transport
- Being uninformed about the potential penalties for driving while suspended or disqualified
Driving while suspended lawyers Melbourne
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Possible Defences to Driving While Suspended
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Driving while suspended offences Melbourne
Whatever the reason that you find yourself charged with an offence, it’s very important to get advice from a practitioner who understands the complexities of both the process and the law.
Where do you go from here?
In preparation for your Court date, I will meet with you personally, listen to your side of the story, analyse the facts and provide advice on the law. I will also personally make some suggestions about individuals and agencies that can assist with the preparation of appropriate reports that will help to minimise your penalty. I will also make recommendations about suitable and appropriate personal character references.
- Dangerous Driving Lawyers
Phil Simpson Barrister
Phil Simpson has been a Barrister at the Victorian Bar for over 25 years. Over this time, Phil has appeared for thousands of clients in a wide variety of cases.
Have You Been Charged With Dangerous Driving?
In Victoria, the offence of Dangerous driving is contained in Section 64 of the Road Safety Act 1986. The specific offence is as follows:
Section 64(1) A person must not drive a motor vehicle at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case.
Section 64(2) A person who contravenes subsection (1) is guilty of an offence and is liable to a fine of not more than 240 penalty units or to imprisonment for a term of not more than 2 years or both and on finding a person guilty of the offence the court must, if the offender holds a driver licence or permit, cancel that licence or permit and must, whether or not the offender holds a driver licence or permit, disqualify the offender from obtaining one for such time (not being less than 6 months or, if the vehicle was driven at a speed of 45 kilometres per hour or more in excess of that permitted, 12 months) as the court thinks fit.
Elements of offence
For an offence contrary to section 64(1) the prosecution must prove that:
- The offence occurred at the place and time alleged;
- The offender was the accused;
- The accused drove a motor vehicle;
- At a speed or in a manner that was dangerous to the public
It’s important to recognise that the assessment of the speed or the manner of driving is an objective one. Whether the manner of your driving is dangerous isn’t always black and white.
If you have been charged with the offence of Dangerous driving, you should immediately seek advice as to your rights and obligations. Dangerous driving charges are often charged alongside alternative driving offences including careless driving, speeding and hoon offences.
Section 64(3) of the Road Safety Act provides that careless driving is actually a statutory alternative to the offence of Dangerous driving. In other words, if the police don’t succeed in prosecuting a Dangerous driving offence against you, the offence of Careless driving is still open to the Court. So, the right advice will put you in the best possible position to make an informed decision. The aim of the game is to minimise your penalty and maximise your chances of staying on the road.
The vast majority of driving offences in Victoria are dealt with under the Road Safety Act.
Some of the most common offences are:
- Driving in a manner or at a speed that is dangerous – Section 64(1)
- Careless Driving – Section 65
- Improper use of a motor vehicle – Loss of traction – Section 65A
- Duty of a driver if an accident occurs -Section 61
Dangerous Driving Charges Melbourne
There are also a range of offences that are contained in the Road Safety Road Rules 2017 which are often charged in addition to Dangerous driving and Careless driving.
These additional offences are generally referred to as Hoon offences. Typical hoon driving offences relate to burnouts and/or drifting on public roads, highways and road related areas. The most common hoon offences are as follows:
- Fail to have proper control of a vehicle (Regulation 297)
- Making unnecessary noise or smoke (Regulation 291)
- Improper use of motor vehicle (Section 65A Road Safety Act)
It’s important to get advice if you are charged with any driving offence. Police will often charge people with a number of separate offences arising out of a single incident of driving. As outlined above, this creates alternative charges which can often be the subject of negotiation and subsequent withdrawal. If you chose to plead guilty, it’s important that you only plead guilty to the appropriate charges.
Dangerous & Hoon Driving
Dangerous Driving Barrister Victoria
Furthermore, there are some offences that attract demerit points and some that don’t. In negotiating a plea with the Police, it’s important to consider all the issues and to minimise any future impact on your ability to drive.
Hoon driving doesn’t necessarily result in a loss of licence. However, it is usually the alternative charges that can put you off the road. For example, the charge of Dangerous driving (which is outlined above) has a mandatory licence loss of 6 months. The licence loss can be even higher if the alleged speed is more than 45 km/h above the posted speed limit.
Driving in manner dangerous or driving at a speed that is dangerous can also result in a jail sentence, although this is rare. The outcome will always depend on your driving history and any similar offending in the past.
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Melbourne Dangerous Driving Lawyers
Receiving accurate information on your Dangerous driving offence
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Dangerous Driving Lawyers Victoria
Driving offences under the Crimes Act
There is certain driving conduct that may also be charged under the Crimes Act. Examples of these charges are, reckless conduct endangering serious injury (Crimes Act, Section 23) and reckless conduct endangering life (Crimes Act, Section 22). While these offences can relate to a wide range of offending, it’s not uncommon to see drivers charged with these offences in the Magistrates’ Court.
Dangerous Driving Victoria
These offences are indictable offences and the penalties are significantly higher than for other driving offences that are heard and determined by a Magistrate. These offences commonly arise out of high speed or inherently dangerous driving activities that put others at risk. These charges will usually be charged alongside Dangerous driving, speeding, careless driving and hoon offences. The Crimes Act offences have different proofs and it’s important to get the right advice before making a decision on how to proceed with these offences. In the context of driving, these offences are often difficult for the police to prove and careful consideration needs to be given to the circumstances in which they are alleged to have been committed. The right advice is critical.
Phil's approach
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. Preparation and a clear understanding of your personal circumstances is vital to achieving the best possible Court 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.
Whatever the reason that you find yourself charged with an offence, it’s very important to get advice from a practitioner who understand the complexities of both the process and the law.
Where to from here?
In preparation for your Court date, Phil will meet with you personally, listen to your side of the story, analyse the facts and provide advice on the law. He will also make some suggestions about individuals and agencies who can assist with the preparation of appropriate reports that will help to minimise your penalty. Phil will also make recommendations about suitable and appropriate character references.
A table containing the demerit points for driving related offences can be found in Schedule 3 of the Road Safety (Drivers) Regulations 2019.
- Driving Whilst Suspended
Been charged with Driving Whilst Suspended?
The offences of driving while disqualified or driving while suspended are offences under section 30 of the Road Safety Act 1986.
Upcoming court case for driving whilst suspended?
I have represented hundreds of suspended and disqualified drivers since becoming a Barrister more than 25 years ago. If you are charged with driving whilst suspended or disqualified, it is important to seek sound legal advice. You may have a defence to the charge – I can advise you on this. Even if you don’t have a defence, there are some very important steps involved in properly preparing your case for a plea in mitigation.
It’s important to understand that there is NO mandatory licence loss associated with these offences. This being the case, the aim of the game is to keep you on the road.
Driving whilst suspended or disqualified is regarded as a serious offence by both Parliament and the Courts. This is reflected in the possible sentencing options available to a Magistrate when dealing with these matters. Under the Road Safety Act, anyone who commits these offences can be fined heavily and be at risk of imprisonment.
Relevant matters that a Court will usually consider when formulating a penalty:
- Was your licence suspended via a penalty notice, a Court order or the result of a demerit point suspension via VicRoads?
- How many months into your suspension period did you get caught driving?
- Have you got previous driving history and, in particular, do you have a prior Court appearance for driving while suspended or disqualified?
- Is your offence aggravated by other offending (for example, speeding, drink/drug driving, hoon driving or an accident?
- Do you have any personal challenges such as family troubles, mental health or medical issues?
- What is your financial position and to what extent does your employment rely on your ability to drive?
Losing your licence
When I prepare a case for someone who has been caught driving whilst suspended or disqualified, all the preparation is geared towards keeping you on the road. While a Magistrate does have a discretion to further suspend your licence, thorough preparation will maximise your chances of staying on the road.
What you must do if your licence is suspended
If the magistrate further suspends your licence, you cannot drive until your period of suspension has finished. Unfortunately, in Victoria, there are no exceptions to this. For example, you cannot drive for the purposes of work or to pick up your children from school or even to drive a friend or parent to a medical appointment. There are no special licences that allow you to drive during a period of suspension or disqualification.
Impounding your vehicle:
If you get pulled over by the police for the offence of driving while suspended or disqualified, the police will often impound your vehicle for an initial period of 30 days. This is a costly process and will usually be in excess of $1000 inclusive of towing and storage fees.
Other sentencing options for driving whilst suspended or disqualified:
- Adjourned Undertaking (Good behaviour bond)
- Fine with or without conviction
- Community Corrections Order
- Jail sentence (up to 2 years)
Is Driving Whilst Suspended a Crime ?
Driving while suspended or disqualified is a summary offence, which means it’s heard and determined in the Magistrates’ Court. The outcome will appear on your Court history. In some circumstances it may also show up on a National Police Check.
It’s crucial that you understand your rights in relation to the offence of driving while suspended or disqualified. You may even have a defence. The decision to seek legal advice is crucial to understanding your rights, to explore possible defences, and to minimise penalties. The right advice will make a big difference and will assist you to move forward with the confidence to make an informed decision.
Should I get legal representation for my Court appearance?
While there is no obligation to be represented, the presence of a Barrister definitely sends the right message to the Court. Among other things, it shows the Court that you are taking the matter very seriously. Magistrates often comment on the fact that a person has sourced and engaged legal representation. It also demonstrates to the Court that you have gained an appropriate level of insight and remorse. As a combination, these factors generally increase your chances of keeping your licence. I will work extremely hard to keep you on the road and to minimise the overall impact for you and for those that depend on you. I am very happy to discuss your options with you in order to achieve the best possible outcome.
Being charged by the Police can be very stressful
In my experience, there are many reasons why people find themselves charged with suspended or disqualified driving. 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 suspended or disqualified driving. This can be a very stressful situation to find yourself in.
Common reasons for offending are as follows:
- An uncharacteristically bad decision
- Driving in order to maintain your employment
- Challenging personal circumstances such as mental-health or family struggles
- A misunderstanding about your rights and obligations
- Peer group pressure
- Lack of support from friends or family to assist with alternative transport arrangements during your period of suspension
- The lack of effective and reliable public transport
- Being uninformed about the potential penalties for driving while suspended or disqualified
Feeling Unsure.. Concerned...
Don't Know Your Options..?
Let's Have A Confidential Chat
Possible Defences to Driving Whilst Suspended
Driving Whilst Suspended Offences Melbourne
Driving Whilst Suspended Jail Sentences
Minimise the potential impact on you and your livelihood
Driving Whilst Suspended Community Corrections Orders
Driving Whilst Suspended Victoria
Driving Whilst Suspended Offences Melbourne
Whatever the reason that you find yourself charged with an offence, it’s very important to get advice from a practitioner who understands the complexities of both the process and the law.
Where to from here?
In preparation for your Court date, I will meet with you personally, listen to your side of the story, analyse the facts and provide advice on the law. I will also personally make some suggestions about individuals and agencies that can assist with the preparation of appropriate reports that will help to minimise your penalty. I will also make recommendations about suitable and appropriate personal character references.
- Criminal Charges Melbourne
Do you have a criminal case or a driving matter in the Magistrates’ Court?
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 that have been charged by the Police with all manner of criminal and driving offences, including:
- Suspended and disqualified driving
- Hoon driving
- Drink and drug driving
- Dangerous driving
- Careless driving
- Police charges arising from motor-vehicle accidents
- Theft and burglary
- Drug related offending
- Assault charges
- Breach offences (Community Corrections Orders and Intervention Orders)
- Sex offences
Facing Criminal charges?
Phil also appears for individuals and companies that have been charged with regulatory offences such as:
- Tax offences
- Local Council and Agency prosecutions
- Toll offences (City Link and Eastlink, including Penalty Enforcement Warrants)
Phil's approach
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 outcome. Preparation and a clear understanding of your personal circumstances is vital to achieving the best possible Court 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 possible 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.
Whatever the reason that you find yourself charged with an offence, it’s very important to get advice from a practitioner who understand the complexities of both the process and the law.
Why should I get legal representation for my Court appearance?
While there is no obligation to be represented, the presence of a Barrister definitely sends the right message to the Court. Among other things, it demonstrates to the Court that you are taking the matter very seriously. Magistrates often comment on the fact that a person has sourced and engaged legal representation. It also shows the Court that you have gained an appropriate level of insight and remorse. As a combination, these factors generally increase your chances of getting the best result in the circumstances. I will work extremely hard to minimise the overall impact for you and for those that depend on you. I am very happy to discuss your options with you in order to achieve the best possible outcome.
Being charged by the Police can be very stressful
In my experience, there are many reasons why people find themselves involved in the criminal justice system. 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 can often find themselves before the criminal courts. This can be a very stressful time.
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
- Lack of support from friends or family to assist you with your personal challenges and life management
- For some driving offences, a lack of effective and reliable public transport can result in making the decision to drive when you shouldn’t
- Being uninformed about the potential penalties for your behaviour
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Sentencing in the Magistrates’ Court
Quite often, clients consult me after having already attended a police interview. Sometimes they’ve made admissions or partial admissions to behaviour that is likely to result in criminal charges. This will often result in charges being laid. Some clients readily acknowledge their wrongdoing and are eager to finalise their matter as quickly and efficiently as possible. They immediately take responsibility for their actions and circumstances and express appropriate remorse. Seeking the right advice will assist you to make an informed decision about the best way forward. The effective management of a criminal or driving matter can have a significant impact on the outcome. There are a range of administrative steps and processes that will maximise your opportunity for an excellent result.
I am frequently retained by individuals who ask me to prepare and conduct a plea in mitigation on their behalf. It’s no secret that the best way to achieve a great outcome will always require the consideration of a number of factors. In essence, effective negotiations, thorough preparation and appropriate personal and therapeutic references are essential in order to achieve the best result. In addition to managing this process for you, there are also a range of resolution options that can be explored. I am results-focused and I will work with you to maximise your chance of an excellent outcome. There is no substitute for experience when seeking to achieve a fair and sensible result in the Magistrates’ Court.
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Where to from here?
.In preparation for your Court date, Phil will meet with you personally, listen to your side of the story, analyse the facts and provide advice on the law. He will also make some suggestions about individuals and agencies who can assist with the preparation of appropriate reports that will help to minimise your penalty. Phil will also make recommendations about suitable and appropriate character references.
- Unpaid toll fines
Going to Court For Unpaid toll fines?
It is important to get expert advice as to whether or not you have a potential defence to your charges. Charges for drink driving and/or drug 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 or drug drive related offence, the penalties can vary considerably depending on the specific offences before the Court. A prior history of similar offending can have a big impact on the outcome. If you plead guilty (or are found guilty by a Court) for a drink or drug driving offence, mandatory licence loss provisions apply.
The minimum licence loss will depend on whether an individual has offended against Section 49(1) of the Road Safety Act in the past 10 years. The 10-year rule operates from the date that the previous offence was dealt with by the Court, to the date that the current offence took place.
Been charged with Unpaid toll fines?
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 alcohol
- 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.
What’s the process if I get charged by the Police?
Driving under the Influence of drugs
If you get intercepted by the Police in relation to a drink or drug 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.
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.
Drug Driving
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.
Melbourne Unpaid toll fines - Drug Driving Car Accidents
While licence loss is often unavoidable for section 49(1) offences, it is important to prepare your case properly so as to minimise the potential impact on you and your livelihood. It is important to get advice early in order to maximise your chances of a positive outcome.
Feeling Unsure.. Concerned...
Don't Know Your Options..?
Let's Have A Confidential Chat
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:
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 & drugs from the body
Receiving accurate information on your Unpaid toll fines
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.
Unpaid toll fines Melbourne
For others, challenging personal circumstances such as mental-health struggles and addiction are also common factors. Whatever the reason that you find yourself charged with an offence, it’s very important to get advice from a practitioner that understands the complexities of both the process and the law.
Unpaid toll fines Jail Sentences
Minimise the potential impact on you and your livelihood
Unpaid toll fines Community Corrections Orders
Unpaid toll fines Victoria
It is my job to maximise your chances of staying on the road
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 Unpaid toll fines
Unpaid toll fines at Ringwood Magistrates Courts
Matters involving Unpaid toll fines at Moorabbin Magistrates Courts
Cases involving Unpaid toll fines at Heidelberg Magistrates Courts
Cases relating to Unpaid toll fines at Wyndham Magistrates Courts
Unpaid toll fines at Melbourne Magistrates Court
Frankston Magistrates Court in relation to Unpaid toll fines
Dandenong Magistrates Court in relation to Unpaid toll fines
Broadmeadows Magistrates Court involving Unpaid toll fines
Neighbourhood Justice Centre relating to Unpaid toll fines
Sunshine Magistrates Court for Unpaid toll fines
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?
Unpaid toll fines Heard 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
Unpaid toll fines 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
Unpaid toll fines Heard 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
Unpaid toll fines 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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