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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 who has been defending road traffic offences in all Australian courts for over 28 years.

 
















 

 


Covid-19 Coronas Virus Update 

We are open and working through this shut-down period. You can call or email to make an appointment for a conference to get advice or assistance.

If you have received an infringement notice for failing to comply with the Stay at Home Directions or Social Distancing Directions, click here if you need legal assistance.

Court shutdown - Clients who have pending court dates do not need to attend court unless I expressly tell them to attend. Your court case and bail will be extended to a date sometime between 15 June 2020 and October 2020. Some applications and other special cases are proceeding, but you can assume your case is not proceeding until I expressly tell you it has been given a listing date.

If you are facing licence loss charges and you want to start your licence loss now, and not have your case delayed to October, I will need to intervene to try to stop your case from automatically being pushed back to October. Please let me know!

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Since 1991 I have been defending and winning all types of motor traffic offences including:

  • drink driving and drug driving
  • driving whilst suspended or disqualified
  • speeding
  • road safety camera offences
  • dangerous driving and careless driving
  • conduct endangering life or serious injury
  • "hoon offences" and vehicle impoundment
  • heavy vehicle offences
  • demerit points offences and VicRoads suspensions
  • sheriff car clamps and unpaid fines
  • taxi, hire-car and tow truck offences

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!

Please contact us if you need a conference with a barrister.

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 relicensing hassles
  • 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 your evidence being accepted by the Magistrate. If you don't have a skilled lawyer who knows how to find technicalities 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 legal services they receive. 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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