SUCCESS STORY

Victoria

Melbourne Magistrates’ Court – Client Acquitted of Serious Driving Charges

EAS Legal represented a male client before the Melbourne Magistrates’ Court facing charges of refusing to provide an oral fluid sample and dangerous driving. After a contested hearing challenging the prosecution evidence, the Court acquitted the client of both charges. No conviction or licence disqualification was imposed, and costs were awarded against police.

  • Traffic Charge

Case Overview

Melbourne Magistrates Court 

Charge: Dangerous driving & Refuse oral fluid sample

Client: Male client

At EAS Legal, we recently represented a client before the Melbourne Magistrates’ Court who was facing two extremely serious traffic-related charges.

The allegations against our client included:

  • Refusal to provide an oral fluid sample, which carries a mandatory four-year licence disqualification if found guilty, and
  • Driving at a speed dangerous, with police alleging the client was travelling 170 km/h in a 70 km/h zone.

Given the severity of the allegations and the mandatory penalties attached to the offences, the consequences for our client were significant. A conviction would have resulted in the loss of his licence for several years, along with a criminal record and other substantial penalties.

Our Approach

After carefully reviewing the brief of evidence, our office advised that the matter should be contested. We thoroughly prepared the case and challenged the prosecution evidence at hearing.

This involved detailed analysis of the circumstances surrounding the police investigation and the evidence relied upon to support the charges.

The Outcome

Following the contested hearing, the Court found:

  • Our client was acquitted of both charges
  • No conviction recorded
  • No licence loss imposed

In addition, the Court made the significant finding of awarding costs against Victoria Police, recognising that the prosecution should not have proceeded in the manner that it did.

Why This Result Matters

Cases involving allegations of dangerous driving and refusal offences can carry severe mandatory penalties. Successfully contesting such charges requires careful preparation, strategic advocacy, and a thorough understanding of the law.

This result ensured that our client avoided a lengthy licence disqualification and the serious consequences that would have followed a conviction.

Need Help With Traffic or Criminal Charges?

If you are facing serious driving or criminal charges, early legal advice can make a significant difference to the outcome of your case.

EAS Legal regularly represents clients before the Melbourne Magistrates’ Court and courts across Victoria.

Facing Similar Charges?

Don’t let a criminal charge destroy your future. Our experienced team has the expertise and track record to fight for the best possible outcome in your case.

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