Drink Driving Lawyer Brighton
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When an older driver is charged with drink driving after a crash, the questions are often different. Some people do not plan to drive again and care most about avoiding a conviction at this stage of life. Others want to keep driving and need to know how long they will be off the road. Both are realistic goals to aim for.

When a crash is part of the story

A crash usually means other charges, such as careless driving, sit alongside the drink driving charge. It can also raise the question of whether something medical happened. Those details are worth getting right before you plead, because they can affect which charges proceed and how the magistrate sees what happened.

If you are taken to hospital, police may rely on a blood test taken there rather than a breath test at the scene.

A recent outcome: Online Magistrates’ Court

Our 85-year-old client drove out of a parking spot at speed, hit another car and a brick wall, then reversed through the wall of a shop. It was unclear whether it was a medical episode or alcohol. A blood test at hospital showed 0.131. He did not plan to drive again and wanted a small fine and no conviction. He pleaded guilty to two charges and a third was withdrawn. The court fined him $1,000 without conviction, with 15 months’ licence loss. Every case is different and past results do not guarantee an outcome. Read the case study.

Licence loss and convictions are separate

If you are found guilty, the court must cancel your licence for at least the minimum period, which for a first offence starts at six months and rises with the reading. That happens whether or not a conviction is recorded. A conviction is a separate decision, and courts can and do decide not to record one.

Where your case is heard

Some matters can be dealt with at the Online Magistrates’ Court, so you may not need to attend in person. Otherwise your case is heard at the Magistrates’ Court for the area where police charged you. For drivers from Brighton (3186) and the City of Bayside, we can meet you at our Melbourne CBD office or by phone.

Common questions

Can I avoid a conviction?

It can be, depending on your reading, your history and the circumstances. A long clean driving record counts for a lot.

Do I have to go to court in person?

Not always. Some matters can be heard online. We can tell you which applies once we see your paperwork.

Can I keep driving until court?

Only if police have not suspended your licence. They can do that on the spot for a reading of 0.10 or more on a full licence.

Your next steps

  • Tell us about any medical conditions or medication, even if you think they are not relevant.
  • Decide what matters most to you: keeping your licence, avoiding a conviction, or both.
  • Keep your charge sheet and any hospital paperwork.

99% of our work is traffic law and our fees are fixed, with no hidden costs. Read more on our drink driving page or in First time drink driving offence: what really happens.

If you are worried about losing your licence or unsure what to expect at court, getting advice early can help you understand where you stand. Get a free case assessment.

Drink Driving Lawyer Brighton
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    7/197 Springvale Road, Nunawading
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    Level 40, 140 William Street, Melbourne
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    Call us toll free on 1800 351 114 to speak with a lawyer.

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    Text us at 0412 100 780 with your first name, case type, and preferred call time (e.g. ‘Joe, drink driving, after 5pm’). We’ll arrange a barrister to call you back.

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    Email your charge, summons, and contact details to info@williamarcher.com.au, along with your preferred call time.

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    How it works

    A simple, stress-free process to get expert traffic law advice and the best outcome for your case.
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