Drink
Driving law & legal information - all breath
test, blood test and criminal defence representation
& advice.
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Sean
Hardy has appeared in Appeal cases
in the following Courts:
County
Court of Victoria
Supreme Court of Victoria
Victorian Court of Appeal,
High Court of Australia.
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These are some of
the published cases from the
Superior Courts that Sean Hardy has
appeared in:
Constable
v Armstrong
[2021] VSC 335 (refuse
to accompany)
Zumpano
v Prestney
[2020] VSC 612 (drink
driving)
Daly
v. Karamoshos
[2020] VSC 506 (drink
driving)
Toscano
v. Cushen
[2019] VSC 158 (speeding)
Isen
v. Newbury
[2019] VSC 157 (speeding
- s.84 Certificates)
DPP
v. Burns
[2017] VSC 570 (speeding)
Elezovic
v. Williams
[2016] VSC 763 (speeding)
Victoria
Police v. Grenville
[2016] VMC 29 (drug
driving)
Victoria
Police v. Dale
[2016] VMC 28 (drug
driving)
Banks
v. Bice
[2014] VSC 610 (speeding)
Hamilton
v. Pickering
[2014] VSC 399 (County
Court procedure)
Halley
v. Kershaw
[2013] VSC 439 (drink
driving)
McWhirter
v. Dunlop
[2013] VSC 697 (speeding)
VPOL
v. Connell
[2013] Magistrates Court (refuse
blood test)
DPP
v. Skafidiotis
[2013] VSC 258 (drink
driving)
Challis
v. Williams
[2013] VSC 490 (speeding)
Victoria
Police v. Connell
[2013] VMC 28 (blood
samples)
Dolheguy
v. Becker
[2009] VSC 106 (speeding)
Stone
v. McIntyre
[2007] VSC 406 (blood
analysis)
Murdoch
v. Smith
[2006] VSC 468 (dangerous
driving)
Hannon
v. Norman
[2006] VSC 228 (drink
driving)
Sirajuddin
v. Ziino
[2005] VSC 418 (drink
driving)
Ciorra
v. Cole [2004]
VSC 416 (speeding)
Scully
v. Semple
[2004] VSC 393 (drink
driving)
Ticknell
v. Foster
[2004] VSC 378 (firearms)
DPP
v Korybutiak
[2004] VSCA 2 (driving
whilst suspended)
Dunlop
v. Anstee
[2004] VSC 139 (sentencing)
DPP
v. Korybutiak
[2004] VSC 3 (infringement
notices)
Halepovic
v. Sangston
[2003] VSC 464 (drink
driving) [The
Age,
Follow-up]
Miles
v. Barca
[2003] VSC 376 (Intervention
order)
Smith
v. Chalmers
[2003] VSC 236 (drink
driving)
Deputy
Commissioner of Taxation v Moss
[2003] VSC 294 (14 August 2003)
Platz
v. Barmby
[2002] VSC 531 (drink
driving)
Pure
Capital Investments Pty Ltd v
Fasham Johnson Pty Ltd
[2002] VCAT 1761
Cook
v Velkray Pty Ltd
[2002] VSC 361 (car
accident)
Goodey
v. Clarke
[2002] VSC 246 (drink
driving)
Wilson
v Magistrates' Court of Victoria
[2001] VSC 290 (civil
claim)
Bell
v. Dawson
(Court of Appeal) [2001] VSCA 114
(drink
driving)
Bell
v. Dawson
[2000] VSC 169; BC 200002364;
(2000) 31 MVR 111
Independant
Cement and Lime Ltd v. VCAT
[2000] VSC 355; BC 200005291 (VCAT)
L.
T. King Pty Ltd v. Besser &
Anor
[2002] VSC 354 (civil
claim)
Alwer
v. McLean
[2000] VSC 396; BC 200006373 (speeding)
R
v K R A
[1999] VSCA 157
Chu
v. Henham
[1999] VSC 139; BC 9902739; (1999)
105 ACrimR 528 (assault
police)
Charter
Homes Pty Ltd v. Housing
Guarantee Fund Ltd,
10/06/1997 VSC 5082/97
Siger
Constructions Pty Ltd v. Charter
Homes Pty Ltd
[1997] VDBT 61 (building)
Blanksby
v. Barnes,
(1997) 26 MVR 471; [1998] 2 VR 164
(drink
driving)
Bass Coast
Shire Council v. King (1996) 92
LGERA 129; [1997] 2 VR 5 (Local
Govt)
R.
v. Tsolacos
(1995) 81 ACrimR 434 (profits
of crime)
Papadopolous
v. Hunter,
(1995) 85 ACrimR 572 (drink
driving)
City
of St Kilda v. Kenyon
(1993) 18 MVR 349 (parking
infringements)
Brenner
v. First Artists' Management Pty
Ltd,
[1993] 2 VR 221 (civil
claim)
Your lawyer's court
experience matters.
- Before you
entrust a lawyer with the job of
protecting your licence, you
should try to see if s/he has any
experience defending motor
traffic cases in court. You can
search for your lawyer's name at www.austlii.edu.au
and see if s/he has appeared as
Counsel or Solicitor in any
reported cases. 'Counsel' are
lawyers who appear in court as
barristers, they cross examine
witnesses and argue the case.
Solicitors generally work in the
office e.g. filing and serving the
court papers, but some solicitors
also work in court as Counsel. If
you read the cases you can find
out if your Counsel has had much
success or if he/she always runs
disasters. Some lawyers get
mentioned in the Herald-Sun more
often than in the Victorian Law
Reports. Lawyers who are motivated
to be celebrities are known to
call the press and get their name
(and their client's photo!) in the
newspaper even though they may
have never won a defended motor
traffic case in their life. I have
never contacted the press to
suggest they report on any aspect
of my clients' case, and I
probably never will.
-
- Only a small
minority of lawyers regularly
fight drink driving cases,
although there is a large number
of lawyers who seem to
'specialise' in pleading guilty
for drink drivers. Just as any
real estate agent can sell your
home, so too can any lawyer appear
in court on a plea of guilty. But
there are always some who are
better than others. If you want to
win your case, you need a lawyer
who is an expert in defending
cases, and definitely not one who
knows nothing more than just how
to roll over.
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