Hoon Driving

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:

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Being charged by the Police can be very stressful

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.

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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

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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.