Traffic and Driving Offence Lawyers Melbourne

Early Legal Advice 

Obtaining legal advice at an early stage can assist in understanding: 

• the nature of the allegation  

• whether any defences may be available  

• the likely penalties that may apply  

• the steps that can be taken to prepare your case  

In some matters, early advice can also assist in identifying issues with the charge and narrowing the issues in dispute. 

Drink and Drug Driving Offences 

Drink and drug driving offences are treated seriously in Victoria and often carry mandatory minimum periods of licence suspension or disqualification, separate from any other penalty imposed by the court. 

In many lower-range matters, a person may receive an infringement notice and an automatic loss of licence without attending court. In other cases—particularly where the reading is higher or there are prior offences—a person will be required to attend court. 

Where a matter proceeds to court, the penalty may include a fine, a community corrections order or, in more serious cases, imprisonment. 

Additional consequences can include: 

• vehicle impoundment or forfeiture  

• participation in a behaviour change program  

• installation of an alcohol interlock device  

• conditions on any future licence  

The period of licence loss will depend on factors such as the reading, a person’s prior history and the circumstances of the offending. 

Speeding Offences

Speeding offences are commonly dealt with by infringement notice. 

It is important to understand that a court does not have the power to prevent the imposition of demerit points or a mandatory licence suspension. 

The only way to avoid those consequences is to successfully challenge the allegation. In practice, this is uncommon and will usually depend on issues such as: 

• the accuracy or reliability of the speed detection device; or  

• whether the prosecution can establish that you were the driver.  

For that reason, careful consideration should be given before electing to contest a speeding matter in court where you have received an infringement notice. It is only advisable to do so if you have an actual defence.  

Careless and Dangerous Driving 

Careless driving is a relatively low-level offence and often arises in the context of a collision. The prosecution must establish that the driver failed to exercise the level of care expected of a reasonable driver in the circumstances. 

While the maximum penalty is a fine, the court has a discretion to impose a period of licence suspension. 

Dangerous driving is a more serious offence. It requires the prosecution to prove that the manner of driving was dangerous having regard to all the circumstances of the case. This offence carries more significant penalties, including the possibility of imprisonment and mandatory minimum periods of licence disqualification. 

Reckless Conduct Endangering Life or Serious Injury 

Reckless conduct offences arise where a person is alleged to have driven in a manner that placed another person in danger of death or serious injury. 

These are serious offences for which terms of imprisonment are often imposed. Although there is no mandatory minimum period of licence disqualification, courts commonly impose substantial licence disqualifications in addition to any other penalty imposed. 

Driving While Unlicensed, Suspended or Disqualified 

Driving without a licence or while suspended or disqualified are common offences with potentially serious consequences, particulalry for repeat offenders. 

For first-time offenders, the penalty is often a fine. However, repeat offending can result in: 

• further periods of licence suspension or disqualification  

• community-based orders  

• imprisonment in more serious cases  

 What To Do If You Are Charged 

If you are charged with a traffic offence, obtaining legal advice as early as possible is important. 

A criminal lawyer can assist by: 

• explaining the court process  

• reviewing the evidence relied upon by the prosecution  

• advising whether any defences may be available  

• identifying steps that may assist in preparing your case  

• presenting your case to the court