Author Archives: Paul

The Victorian government has passed legislation to fix up the police blunder of not properly authorising police to conduct breath tests and drug tests. On the 11th August 2015 the Victoria Police Amendment (Validation) Act 2015 commenced operation which declares retrospectively that all certificates of authority to conduct breath tests and drug tests that were issued between the 1st July 2014 and the 6th March 2015 are now valid. Very few drivers actually escaped conviction because Victoria Police were adjourning cases where the certificate of authority was defective until the loophole was closed in August 2015. The only exception is if you had obtained legal representation from a lawyer like me and had obtained a ruling from the court prior to the amendment on the 11th August 2015. This highlights the importance of seeking expert legal advice in drink driving and drug driving matters. If you beleive there has been a problem with police procedure please call me on 0412 407 577 to obtain expert legal advice.

Paul Reynolds Barrister provides you the best Drink Driving Legal Advice in Melbourne  & its surroundings.

From the 1st August 2015, if you are caught drink driving for the first time and have a reading of .10% or higher then you face the prospect of having the vehicle you are driving impounded for 30 days. You will lose your licence for at least 10 months and have to pay a fine of $627. On top of these penalties you will have to pay towing costs for police to tow the vehicle to a storage address and then also have to pay storage fees of many hundred dollars before police will release the car. When you have served your disqualification period you will be required to complete a drink driving course and then apply to the court to be re-licenced. It is mandatory that you have an alcohol interlock condition on your licence.

Some will argue these tougher new laws are necessary to lower the number of drink drivers on our roads. But there are some issues with the new laws. What if it is the only car in the family and you are caught driving your parent’s or partner’s car? What if they depend on having that vehicle to get to and from work? The owner of a car such as a ute or station wagon may need it for work to carry tools. What happens if you are driving your employer’s car or prime mover? What happens if someone borrows your car and without your knowledge they are caught drink driving over .10% and your car is impounded? If this applies to you I may be able to have the vehicle released from impoundment.

If your car is impounded you need advice. Call me on  0412 407 577.

Were you caught drink driving between July 1st 2104 and 5th March 2015? Be aware there has been a monumental error by Victoria Police who have used unauthorised operators to conduct breath and drug tests on drivers since July 1st 2014. This could mean that thousands of drivers have a valid defence to either a drink driving or drug driving charge. There have been 660 unauthorised police operating breath instruments and drug test kits and no one really knows how many drivers have been affected by this error by police. If you have been breath tested  or drug tested since July 1 last year then you should call me to arrange an appointment to examine your case.

Victoria Police have announced recenly that there will be more funds sought from the State government to install number plate recognition software (NPRS) into all police cars. This will mean that Victorian drivers who wish to play russian roulette and drive with a suspended licence will face a much higher risk of being detected and charged by police. The penalties for driving suspended are a fine and a further suspension of your licence or even a jail term if you continue to be caught by police. If you are intercepted at a Booze bus police will always check not only your alcohol or drug level but also your licence. If you are caught driving suspended you face the daunting prospect of a summons and a court appearance. The Magistrate will determine whether you keep your licence or have it further suspended. This can mean the difference between keeping your job or losing it.

Paul Reynolds is one of the Best Drink Driving Lawyers in Melbourne, Dandenong, Heidelberg & Geelong.