Tamar Legal specialises in representing clients charged with drink driving, and drug driving offences, and we can appear for you in Launceston, Devonport or Burnie.
Driving a motor vehicle in Tasmania when your .BAC exceeds the legal limit is usually a serious offence. If you have been charged with any offence under the Road Safety (Alcohol and Drugs) Act 1970, including 'drug driving', we can assist you. We can also advise you regarding your eligibility for a special hardship order (the order that a court makes to enable somebody to obtain a restricted driver licence) and make an application to the Court on your behalf.
drink driving
The penalties for drink driving in Tasmania are governed by statute.
The legislation prescribes a mandatory minimum term, and a maximum term of disqualification, depending on the blood alcohol concentration of the driver, and whether or not it is the driver's first offence, or a subsequent offence under that legislation.
Depending on the severity of the offence, and a person's criminal history, a magistrate also has the discretion to order a term of imprisonment, and in some cases that is the outcome of a drink driving offence, especially if there are significant aggravating features such as a motor vehicle accident, personal injury, or if police have alleged that the offender has evaded interception by police.
Generally, a court determines the appropriate penalty based on not just the circumstances of the offence, but any evidence demonstrating that the offender is remorseful and/or has engaged in rehabilitation, especially if the offence is a repeat offence.
At Tamar Legal we have an exceptional track record of obtaining positive outcomes for our clients, and depending on the nature and circumstances of the offence with which you have been charged, we can advise you as to what steps you should take and what evidence you should obtain, in order to maximise the chances of securing the best possible outcome in the circumstances.
drug driving
Drug driving offences in Tasmania are also serious offences.
In order to be charged with a drug driving offence, a person does not necessarily need to be under the influence of a drug. They can feel perfectly fine to drive and this is commonly what our clients tell us after they have been charged with this type of offending. The reality is that the legislation does not require Tasmania police to prove that a person's driving ability was impaired by having consumed a drug, and it is sufficient for Tasmania police to prove that an illicit drug was present in a person's system when they were in control of a motor vehicle.
This is unfortunately where many people come unstuck, and not infrequently do we see cases where a person has consumed an illicit substance several days prior to driving, only to find after being intercepted and drug tested by police, the drug is still present in their system, and they are surprised when they discover they have committed an offence.
Drug driving also covers driving under the influence of a drug which is a much more serious offence, and incorporates an element where police need to prove that a person was affected by a drug, to the extent that they were incapable of maintaining proper control of a motor vehicle.
The penalties for driving under the influence of an illicit drug are, naturally, much more significant and in many cases may involve a magistrate imposing an actual, or a suspended term of imprisonment.
If you have been charged with a drug driving offence, we can represent you in any court in Tasmania. Contact us today to see to find out where you stand and to see how we can help.
restricted licence applications
Magistrates in Tasmania have the power to make a special hardship order which allows a person to obtain a restricted driver licence, however these orders are only made under very strict criteria and upon satisfying strict legal tests.
The court will not grant a person a restricted driver licence simply because losing their licence will cause them inconvenience.
A Magistrate must be satisfied that unless a person is granted an order that will allow them to obtain a restricted driver licence, they will suffer severe and unusual hardship.
Further to that, a Magistrate must also be satisfied that it is not against the public interest to grant somebody an order allowing them to obtain a restricted driver licence.
For example, an applicant for an order allowing them to obtain a restricted driver licence may be able to satisfy a court that unless they are granted a restricted driver licence they will lose their employment, however if their driving history is very poor, and includes serious and / or repeat offending then the court may still not grant a person a restricted driver licence.
The relevant tests are applied very stringently, and generally speaking, an applicant will need to produce relevant and compelling evidence in support of their application in order for it to succeed.
At Tamar Legal we have had substantial experience assisting people in obtaining restricted driver licences following drink driving, drug driving, and demerit point disqualification situations.
We have an exceptional success rate, and our services are offered on a fixed fee basis.
FREE CASE ASSESSMENT
We offer a free case assessment for drink driving and drug driving offences.
Simply complete the contact form below, and an experienced lawyer will respond to you.