Drug Driving in Melbourne?

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

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

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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.

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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

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.

FAQ's

Can I avoid a conviction?

Depending on the nature of the offending and your personal circumstances, it is often possible to avoid a conviction. This will depend on a range of factors. Phil will be happy to discuss these matters with you.

Which Courts in Victoria Do You Work From?

I regularly attend all Melbourne Courts including:

Melbourne Magistrates Court
Heidelberg Magistrates Court
Moorabbin Magistrates Court
Wyndham Magistrates Court
Ringwood Law Courts

Sunshine Magistrates Court
Neighbourhood Justice Centre
Dandenong Magistrates Court
Frankston Magistrates Court
Broadmeadows Magistrates Court

I can represent clients at these regional Courts throughout Victoria

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
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
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
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

How Much Do You Charge?

Once Phil has a clear understanding of your charges he will be able to give you an all-inclusive fixed price.