Driving Offences

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About Phil Simpson

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.

Have you been charged with traffic or driving offences?

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

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.

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.

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.

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.

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 intoxicating liquor or drugs
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.

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
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 a period of suspension
The lack of effective and reliable public transport
Being uninformed about potential penalties

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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.

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, 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.