Traffic Offences in Victoria

Geelong Lawyers are leading Accredited Specialists in Criminal Law, focusing on defending clients accused of driving offences in Victoria. Our team regularly appears in the Geelong, Ballarat, Colac, Bacchus Marsh, Warrnambool, Werribee and Melbourne Courts.

We are committed to offering high quality legal defence and helping you navigate the intricacies of traffic offences. Should you be charged with a traffic or driving offence, consult with one of our experienced lawyers.

Our Experience with Driving Offences

Geelong Lawyers possesses a wealth of experience in handling driving offences. Our team of dedicated traffic offence lawyers has a proven track record of successfully defending clients against a wide array of charges, from minor traffic violations to serious charges such as culpable driving. We leverage our deep understanding of Victoria’s traffic laws and the nuances of the legal system to develop strategic defences tailored to each client’s unique situation.

Geelong Lawyers will guide you through the court process, listen to your concerns, keep you informed, provide expert strategic advice, and provide outstanding representation to obtain the best possible result. Our goal is to safeguard our clients’ rights and driving privileges.

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What are the types of driving offences?

In Victoria, driving offences cover a range of issues. Governed by the Road Safety Act 1986, Road Safety Rules 2017, and other regulations, driving offences can be broadly categorised into the following types:

Driving Over The Speed Limit

Driving over the speed limit is one of the most common offences.

Penalties can involve fines and demerit points. In some cases, the Magistrate can suspend or cancel your licence.

Drink Driving

This category includes driving under the influence of alcohol.

Victoria has strict laws against drink driving, including immediate licence suspension, heavy fines, impounding your vehicle and mandatory participation in behavioural change programs.

It is an offence to drive, or be in control of a motor vehicle if the blood alcohol concentration (BAC) in your breath is higher than the prescribed amount. The prescribed amount is under 0.05 per cent unless you are on a zero BAC licence, for example, a P plate, learner permit or taxi driver licence. It is recommended to seek legal advice if you have been charged with:

driving under the influence
driving with both drugs and alcohol in your system
if you have been found guilty of a drink-driving or drug-driving offence previously

Drug Driving

This involves operating a motor vehicle while impaired by illegal, prescription, or over-the-counter drugs.

Offenders can face fines and licence disqualification. Victoria Police conduct roadside drug tests to enforce these laws.

The police may charge you with an offence of drug driving if they believe that you have:

an illicit drug in your system while you were driving
a mixture of illicit drugs and alcohol in your system whilst in control of a motor vehicle
a prescription drug in your system while you were driving and you took the drug in a way that your doctor did not prescribe, which has affected your driving

Driving While Suspended or Disqualified

If the police believe that you drove a motor vehicle while your licence has been suspended or cancelled they can charge you with the offence of “drive whilst suspended” or “drive whilst disqualified”.

Your licence can be suspended or cancelled by the court for a further period by police or VicRoads. Penalties include fines, impounding your vehicle, losing your licence, or in some circumstances, imprisonment.

Careless Driving

The police can charge you with careless driving if they believe you drove in a manner that is careless such as aggressive driving, excessive speeding, not keeping a proper distance, or failing to maintain proper control of the vehicle. Penalties can include demerit points, fines, or losing your licence.

Unlicensed Driving

Driving without a valid licence constitutes an offence against the Road Safety Act.

You may be charged with unlicensed driving if:

you do not have a licence
your licence has expired
you are using an intestate licence, and you have lived in Victoria longer than three months
you are using an international licence and you have lived in Victoria for longer than six months.

This offence is different to driving with a suspended or cancelled driver’s license

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FAQs

Will I lose my license for careless or dangerous driving?

In Victoria, the Magistrate has the authority to either cancel or suspend your driving licence for a specified duration for careless or dangerous driving. During this suspension period, you are strictly prohibited from driving without any exceptions. It’s important to adhere to this ruling, as driving while your licence is suspended carries severe penalties. You need to comply with the suspension order to avoid further legal complications.

If you’re facing charges for careless or dangerous driving, it’s crucial to find the right legal help straight away. Our experienced driving offence lawyers can advise you on how your personal situation and the specifics of your offence can play a crucial role in court. Our highly experienced team provide expert strategic advice and outstanding courtroom representation, aiming to preserve your driving privileges and reduce any penalties you might face.

Will I lose my driver’s licence for speeding?

If convicted of speeding, the Magistrate might allow you to retain your licence. However, in cases of extreme speeding, the Magistrate will impose a mandatory licence suspension for a specified minimum period. This period depends on the specifics of your case. The mandatory minimum suspension durations are as follows:

3-month suspension for speeds 25 km/h to 35 km/h above the limit.
6-month suspension for speeds 35 km/h to 45 km/h over the limit.
12-month suspension for speeds exceeding the limit by 45 km/h or more.

During the suspension period, you are absolutely prohibited from driving, with no exceptions for any reason. There are no provisional licences that permit partial driving privileges. Driving with a suspended licence incurs severe penalties.

Traffic offence lawyers at Geelong Lawyers provide expert advice when it comes to speeding offences. Our team can give you the right legal advice, negotiate lesser penalties, represent you in court, and argue for alternative penalties like fines instead of licence suspension.

Will I receive a conviction for speeding?

It is possible for you to receive a conviction for speeding? Whether you receive a conviction for a speeding offence depends on the severity of the violation, your personal circumstances and your driving history. Minor speeding offences might result in fines and demerit points without a formal conviction. However, for more serious breaches, such as excessive speeding over the legal limit, the court may impose a conviction, which can include heavier fines or licence suspension. Each case is assessed individually, taking into account the circumstances and the offender’s past conduct.

Defences for speeding can include:

Emergency Situations: If the driver was urgently transporting a critically ill individual to receive medical attention;
Involuntary Speeding: Occurs if the driver experienced a medical episode, such as a seizure, that led to unintended acceleration;
Misidentification: If the accused was not driving at the time of the alleged offence, evidence must be provided to identify the actual driver;
Faulty Speed Detection: The accused can contest the speed measurement. It requires proof that the speed detection device was malfunctioning or misused. This defence demands substantial evidence or expert testimony due to the legal presumption of speed detector accuracy.

Claiming that you were not aware of the speed limit is not a valid defence.