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Driving Offences

TRAFFIC OFFENCES

 A traffic offence refers to any violation of the laws and regulations governing the operation of motor vehicles, including motorcyclists, on public roads. Traffic offences include a wide range of violations, from minor infringements to serious offences resulting in imprisonment.

 

Types of traffic offences in Victoria

There are many types of traffic offences ranging in seriousness, including:

  • Speeding fines
  • Driving carelessly or dangerously (including hoon driving)
  • Drink driving, drug driving or a combination of both
  • Offences relating to car accidents
  • Offences related to P-plate or Learner drivers
  • And many other minor traffic offences.
  • Some traffic offences, such as culpable driving or dangerous driving causing death or serious injury, carry very serious penalties.

There are other offences that, although are not considered specifically traffic offences, are often used to capture very serious driving-related offences, such as reckless conduct endangering life or causing serious injury and negligently causing serious injury. Many lawyers do not realise that proving these charges is often very difficult; consequently, the importance of engaging an experienced traffic lawyer cannot be overemphasised.

 

Summary and indictable traffic offences

Summary offences under the Road Safety Act 1986 include:

  • Careless Driving (s65)
  • Dangerous Driving (s64)
  • Driving Whilst Unlicensed, Suspended or Disqualified (s18 and s30)
  • Evading or Failing to Stop for Police (s64A)
  • Failure to Report Accident to Police When Person Injured or Property Damaged (s61)
  • Improper Use of a Motor Vehicle and Loss of Traction (s65A)
  • Providing False and Misleading Information (s84BI)
  • Anti-hooning laws (s84C)

Under Victoria’s anti-hooning laws, the Victoria Police also have increased powers to impound, immobilise or permanently seize a vehicle in relation to summary offences defined under the Road Safety Act 1986 (Part 6A) and the Road Safety Rules 2009.

 

Indictable offences under the Crimes Act 1958 include:

  • Culpable Driving (s318)
  • Dangerous Driving Causing Death or Serious Injury (s319)
  • Dangerous or Negligent Driving While Pursued by Police (s319AA)
  • Negligently Causing Serious Injury (s24)
  • Reckless Conduct Endangering Life or Serious Injury (s22 and s23)
  • Traffic offence penalties

Traffic offence penalties range in severity depending on the seriousness of the offence.

Common penalties for traffic offences include:

  • Fines, such as speeding fines
  • Good Behaviour Bond, or Adjourned Undertaking
  • Suspension or disqualification of driving licence
  • Criminal conviction
  • Diversion programs
  • Vehicle impounding
  • Community corrections orders
  • Imprisonment.

 

 

Culpable Driving

Culpable driving causing death is one of the most serious charges in Victorian law. These..

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Drink Driving (PCA)

Driving with a blood or breath alcohol concentration over your limit is the most common..

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Drug Driving

Victoria Police conduct roadside oral fluid tests for cannabis (THC), methylamphetamine and MDMA. Any detectable..

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Dangerous Driving

Dangerous driving charges range from a single risky manoeuvre to collisions causing death or serious..

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Careless Driving

Careless driving is one of the most common charges after a collision. It is a..

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Speeding & Excessive Speed

Speeding is usually handled by infringement notice, but excessive speeding leads to automatic licence suspension,..

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Unlicensed Driving

Unlicensed driving includes never having held a licence, driving on an expired licence, and driving..

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Fail to Stop & Leaving the Scene

If you are involved in a collision, Victorian law requires you to stop, help anyone..

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Hoon Driving & Vehicle Impoundment

Victoria Police can impound or immobilise a vehicle on the spot for hoon offences, even..

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Licence Restoration

After a licence cancellation for drink or drug driving, many people cannot simply reapply to..

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Driving While Disqualified

Driving after your licence has been cancelled and you have been disqualified by a court..

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Driving While Suspended

Licences can be suspended for demerit points, excessive speed, unpaid fines or medical reasons. Driving..

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Refuse Breath Test

Refusing a preliminary breath test or evidentiary breath test carries penalties at least as severe..

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Refuse Drug Test

Refusing a roadside oral fluid test, a drug assessment, or a blood or urine sample..

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Drive While Impaired By Drugs

Driving while impaired by a drug applies to illicit drugs and to prescription and over-the-counter..

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Driving Under the Influence (DUI)

Driving under the influence (DUI) is the most serious of the drink and drug driving..

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Traffic matters in court

Many driving offences start as an infringement notice. Others go straight to court on summons or after arrest. In court, the magistrate may be required to impose a mandatory minimum licence cancellation or suspension, but has discretion over everything else: the length of loss above the minimum, the fine, whether a conviction is recorded, and in serious cases whether imprisonment is imposed.

Before your court date

  • Get legal advice about whether to plead guilty or contest
  • Gather character references from employers and people who know you
  • Consider enrolling in a driver education or Behaviour Change Program
  • If alcohol or drugs were involved, consider counselling and keep records
  • Work out how you will manage work and family without a licence

Why get a lawyer for a traffic matter?

Traffic law is technical, and small details in police procedure, testing and notification can change the outcome. A well-prepared plea can be the difference between a conviction and none, and between a short and a long period off the road.

We appear in traffic matters every week in Magistrates’ Courts across Melbourne and regional Victoria, and we offer fixed fees for most traffic pleas.

Call (03) 9670 4357 or book a free consultation.

Frequently asked questions

Will I lose my licence?

For many drink driving, drug driving, refusal and excessive speed offences, the law requires a minimum licence suspension or cancellation that the court cannot reduce. For other driving offences, licence loss is at the court’s discretion. We can tell you what applies to your charge and how to minimise any time off the road. See Driving offences.

What happens at my first court date?

Your first court date is usually a filing hearing or mention. You will not normally give evidence. The matter can be adjourned so you can get legal advice, obtain the police brief of evidence, negotiate with police or apply for diversion. Arrive early and bring your paperwork.

How much does a criminal lawyer cost?

We offer a free initial consultation and, for most matters, a fixed fee agreed in advance, so you know the cost before we start. The fee depends on the type of matter, the court, and whether it is a plea or a contested case.

If you cannot afford a lawyer, you may be eligible for legal aid.

We’re here to help you

Speak to an experienced criminal lawyer today

(03) 9670 4357 Book a free consultation

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