Appearing in court is daunting, to say the least. You might be unfamiliar with court processes, how to address the court, what to say and when to say it. This will undoubtedly cause you to approach this day with much trepidation.
It is in your best interest to contact a drink driving lawyer to have peace of mind.
What To Expect
If your court date is in the future, you can get legal advice from a drink driving lawyer beforehand. You can also look up information on this subject online.
Your guilt is dependent on the facts and your situation. Find out what the police officer stated under ‘Details of the Charge’ in your charge sheet. A charge sheet is a document used and issued by police for criminal offences, and the magistrate will look at this document in court.
Two Usual Charges:
- You gave a blood or breath sample over the allowed limit within three hours of driving. (You did not pass a blood or breath test).
- You were driving or in control of a vehicle whilst your Blood Alcohol Concentration (BAC) exceeded the limit.
You can tell the magistrate that you will plead guilty to one charge, and the police will remove the other charge.
The prosecution must prove that you were driving and that your BAC was over the prescribed amount.
The police are free to use the results from the breath test only if the correct process is followed. To argue this, you can say that the testing machine used was faulty or not used the right way.
What Happens on the Day
Most drink driving matters in Victoria are heard in the Magistrates' Court. Arrive at least 30 minutes early, as you will pass through security screening at the entrance. Check the daily court list in the foyer to find your courtroom, or ask the registry staff.
Matters are not heard in a fixed order, so be prepared to wait. When your name is called, move to the front of the courtroom, where your lawyer will stand at the bar table and speak for you.
Courtroom Etiquette, Dress and Documents
Address the magistrate as 'Your Honour'. Stand when the magistrate enters or leaves, switch your phone off, do not interrupt anyone, and answer questions directly and politely.
Dress as you would for a job interview. Neat, conservative clothing shows the court you are taking the matter seriously. Bring your charge sheet, photo identification, any character references and course certificates in a folder so you can hand them up if asked.
How a Plea in Mitigation Works
If you plead guilty, you or your lawyer will make a plea in mitigation. This is your chance to give the magistrate the full picture: your personal circumstances, why you need your licence, your remorse, and the steps you have taken since the offence. A well-prepared plea can genuinely influence the outcome, as our guide to the penalties for drink driving in Victoria explains.
Two things strengthen a plea:
- Character references. Short letters from an employer, colleague or community figure who knows you and knows about the charge. See our guide on how to write a character reference for court in Victoria.
- A road trauma awareness course. Lawyers often recommend completing an accredited seminar before your court date. Attending voluntarily shows the magistrate you understand the seriousness of drink driving and have acted on it. Bring your certificate to court.
Different Pleas That You Can Make in Court
Before you go to court, you need to understand how you can plead and the consequences of these pleas.
Plead Guilty
If you know that you committed this offence, let the court know you are guilty. At the hearing, the prosecutor will read the statement of alleged fact. This document briefly describes what happened during the offence. You will be found guilty, and the magistrate will give you an appropriate punishment.
If you plead guilty, it shows the magistrate that you are cooperating, and you could potentially be given a lighter punishment.
Plead Not Guilty
You might believe that you did not commit an offence, or disagree with the contents of the statement of alleged facts. In this case, let the prosecutor know beforehand that you want to plead not guilty.
They will have a summary case conference with you before the court case. This conference is between the accused, their drink driving lawyer, and the prosecutor. It takes place privately, and the merits of the case are deliberated on.
If you still wish to plead not guilty after this conference, let the magistrate know. The magistrate will move your case to another day (adjourn the hearing).
You will return to court for a contested hearing. At the hearing, you must have a defence. Stating that you were unaware you were committing an offence is a poor excuse.
If you choose to plead not guilty, make sure that you contact drink driving lawyers in Melbourne before the contested hearing.
What the Magistrate Can Decide, and What Comes After
At a general level, the magistrate can impose a fine, cancel or suspend your licence, place conditions on your future driving such as an alcohol interlock, and record a conviction or deal with the matter without one. What happens in your case depends on your plea, your record and the circumstances of the offence, which is exactly why the plea in mitigation matters.
If your licence is cancelled or suspended, do not drive from that moment. Before getting back on the road, you may need to complete a behaviour change program and apply to VicRoads for relicensing.
Practical Dos and Don'ts
- Do get legal advice as early as possible before your court date.
- Do arrive early, dress neatly and bring all your documents.
- Don't ignore the summons. The matter can be decided without you, or a warrant issued.
- Don't drive to court if there is any chance your licence will be suspended or cancelled on the day. Arrange a lift home.
Drink Driving Lawyers in Melbourne
Do not make the mistake of dismissing this offence as trivial. A drink driving offence carries many severe punishments. You could be fined, lose your licence, and have the infringement recorded on your driving record. You could also potentially have a blemish on your criminal record, and so on.
So it’s important that you get expert legal advice to ensure that you get the best possible outcome. Our experienced drink driving lawyers in Melbourne appear in Magistrates' Courts across Victoria and can guide you through every step.
