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 Drink Driving law & legal information - all breath test, blood test and criminal defence representation & advice.


Sean Hardy is a Melbourne Barrister with over 20 years experience defending road traffic offences in court.

 

 

 

 

  

I have been successfully representing people charged with motor traffic offences since 1991. I specialise in fighting and winning traffic offences, including drink driving, speeding, dangerous driving, driving whilst suspended. For 20 years I have been fighting all manner of offences under the Road Safety Act, the Transport Act and other road traffic and transport laws. Most of my clients want to win their cases. If your current lawyer doesn't know how to win your traffic case, it is time to get a new lawyer.

I appear in court in all types of motor vehicle related cases: Police, VicRoads and Local Government prosecutions, Infringements Court,  demerit points, licence loss, traffic camera offences and on-the-spot fines, as well as motor vehicle registration, RWC and some repair cases.

Achieving Your Goals

I help you to achieve your goals, including:

  • an acquittal - all charges dismissed
  • saving your licence
  • avoiding jail
  • avoiding community work orders
  • avoiding demerit points
  • avoiding a conviction or criminal record
  • avoiding Interlocks and other relicencing hassels
  • reducing or eliminating fines
  • reducing and managing any licence loss periods
  • recovering your legal expenses from the prosecution

After investigating your case I will advise you whether defending the charges successfully is a realistic option - often it is! After discussing the cost-benefits you then decide whether or not you wish to go to a defended hearing to try to get acquitted, or enter into negotiations with the police, or seek the lowest possible penalty by pleading guilty.

Often it is not possible to save your drivers licence unless you defend the charges and win your case. You will not find many lawyers who can offer that service. Many "traffic lawyers" are "experts" in the simple task of pleading guilty. Their websites and advice focus solely on the consequences of pleading guilty and being convicted -  they seem to assume losing is inevitable. Either they don't know how to win a traffic case - or they don't care.  If you want to win your case you'll need a lawyer who is accustomed to saying the words: "The accused pleads not guilty". 

Why use a barrister?

I am a barrister, not a solicitor. Barristers typically spend most of their time in court fighting cases. Traditionally, barristers are engaged by solicitors to appear in court on behalf of clients. But in prosecutions heard in the Magistrates Court, barristers are now permitted to appear for defendants without a referral from a solicitor. Sometimes it is easier and more economical to engage an experienced barrister directly, without having to engage a solicitor as well. Many solicitors rely on my expertise to help them provide their clients with accurate, up-to-date and strategic advice.   

Before you decide whether to handle your court case yourself, understand that over 90% of the cases I win are because of deficencies in the police case and legal technicalities. Less than 10% of cases that I win rely on defence evidence being accepted by the Magistrate. If you don't have a skilled lawyer who knows how to find technicalites and deficiences in the police case then you may be throwing away 90% of your chance of winning your case. 

I ensure all clients are pleased with the service they get from me and from their solicitors. In some circumstances I can not act for clients without being briefed by a solicitor. To learn more about the areas of law which you need help with click the links on the left of this page. I am ready to meet you at mutually convenient times and at realistic rates to achieve the best outcome for you.

 

Related Pages:

Getting Legal Advice
How can I see you?
What will it cost?
Which courts do you go to?
Pleading Guilty

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