PCA, DUI, drug driving, suspended licence, and hoon offences. Protecting your licence, your record, and where relevant, your livelihood.
Traffic matters in Victoria are governed by the Road Safety Act 1986 (Vic).
Traffic lawyer Melbourne, drink driving lawyer Melbourne, and DUI lawyer Melbourne: protecting your licence across Victoria.
Traffic and drink driving offences in Victoria are governed by the Road Safety Act 1986 (Vic). Drink driving charges range from lower-range PCA (prescribed concentration of alcohol) to high-range and aggravated drink driving. Drug driving offences include driving while impaired by a drug and driving with a prescribed drug present (which is a strict liability offence with no impairment required). Traffic matters may also include driving while disqualified or suspended, dangerous driving, and hoon-related offences. For many Victorians, their licence is essential to their livelihood, making legal representation important.
Three primary strategies apply across traffic and drink driving matters.
Best when speed matters and risk is low
Evidential breath testing devices and oral fluid tests are subject to strict operational requirements. If the device was not operated correctly, the calibration was out of date, or the required procedures were not followed, the result may be challengeable. We scrutinise every aspect of the testing procedure.
Best when facts are complex or disputed
Where a mandatory licence cancellation applies, a special circumstances application may allow a licence to be retained for work purposes. The test is strict: genuine hardship must be demonstrated, and all required evidence must be before the court.
Best when outcome must be robustly defended
For most traffic matters, effective sentencing submissions on licence need, rehabilitation, and circumstances of the offending are the most important factor in the outcome. We prepare comprehensive submissions and advise on steps you can take before court to mitigate the result.
Most traffic offences are initiated by a summons to appear at the Magistrates Court. Contact Sam before your first appearance to understand your options.
Sam reviews the charge sheet and prosecution brief, assessing the breath or drug test evidence, the testing procedures, and any prior traffic history.
Sam negotiates with the prosecutor on facts and charges. Where applicable, a special circumstances application is prepared and supporting evidence gathered.
Comprehensive sentencing submissions are made to the Magistrate, covering your licence need, work circumstances, rehabilitation steps, and the specific facts of the offending.
Working with Russo Lawyers
Direct principal access
Sam Russo runs every file
Free initial consultation
No obligation, no time limit
Same-day response
Including after hours by mobile
Level 19, 263 William Street, Melbourne CBD
These are the questions our clients ask most often. Nothing too basic. Nothing off-limits.
Time-sensitive?
Do not wait. Early legal advice significantly changes outcomes in criminal matters. Call Sam directly on (03) 7040 9825 for a same-day response.
Yes. Drink driving offences in Victoria carry mandatory minimum licence cancellation periods. For a first offence at low-range PCA, the minimum is 3 months. Higher concentrations and prior offences carry longer periods and mandatory alcohol interlock requirements.
In limited circumstances, a special circumstances application may allow you to retain a licence for work purposes. Eligibility depends on the charge, your record, and whether you can demonstrate genuine hardship. Sam will advise on whether an application is viable in your matter.
Yes. Driving with a prescribed illicit drug in your oral fluid (detected by a roadside oral fluid test) is a strict liability offence in Victoria: impairment is not required. The presence of the drug alone is sufficient for a conviction.
This is distinct from driving while impaired by a drug, which requires proof of impairment. For the strict liability drug driving offence, the only defences are technical: challenging the testing procedure or device accuracy.
Sam appears regularly at Magistrates' Courts across Melbourne and regional Victoria. Pick the suburb closest to where the matter will be heard for court-specific guidance.
Free initial consultation. Same-day response to all matters.
Same-day response to all matters. Confidential consultation, no obligation.
Same-day response to all matters
samuel@russolaw.com.au