What are the different outcomes for traffic offences?

7 Oct

If you need a criminal defence lawyer, contact Dowsley Associates 24/7.

Driving can lead to devastating accidents when not done safely, that’s why there are so many laws in place to help keep the community safe.

If you’ve committed a traffic offence and are unclear on what penalty or penalties the judge may give you, then you should speak to a lawyer who is equipped with criminal law.

Our criminal lawyers in Melbourne can explain the different penalties that could apply to you.

What are traffic offences?

A serious traffic offence is a crime involving the defendant doing one of the following:

Going excessively over the speed limit
Driving while intoxicated
Driving while on drugs
Careless, dangerous, or reckless driving
Driving when prohibited, such as without a licence, a suspended license, or as an L plater without an adult in the vehicle with you

Minor traffic offences may include things like parking tickets and mail files for speeding or going through a red light. These penalties won’t usually require you to go to court, unless you do not pay your fine.

What are the penalties for traffic offences?

The most prevalent thing that will happen across all traffic offences, including minor offences, is the deduction of demerit points.

The amount of demerit points that you lose will depend on the offence committed and can also depend on exact figures. For example in the case of drink driving, this can be impacted by your BAC (blood alcohol concentration), or in the case of speeding, how far over the limit you were driving.

Demerit point deduction is orchestrated by VicRoads and not the court.

For serious traffic offences, you will be required at a hearing at the Magistrates’ Court where you will most likely have to pay a fine at the very least.

You should speak to traffic lawyers in Melbourne and get advice before the hearing as they can let you know what to expect since there are a number of penalties that are possible for driving offences.

They can also defend you in court or be present with you on the day of your hearing.

If you don’t pay the fine upfront on the day, it will then be Fines Victoria’s job to monitor your payment of the fine. You may also have the option to pay the fine in multiple installments.

The judge can also make you pay for damage you inflicted during the offence, and you may be issued the following penalties:

A suspension or cancellation of your licence

You may get your licence suspended for a period of time, or for serious crimes, a cancellation of your license may occur permanently or indefinitely.

Undertaking

An Undertaking is a promise to the court that you will or will not do certain things to prevent the offence happening again. For traffic offences, they can include things like:

Not driving past a certain time
Driving with zero BAC at all times
Not driving in a certain vehicle
Not driving in a certain area

The penalty for breaking an Undertaking can be more serious and will go on your police record.

Community corrections order

The judge may allow you to undertake community service instead of paying a fine or having jail time.

This can depend on things such as providing evidence that you don’t have the funds to pay a fine.

Car impoundment

If you’ve been found guilty of reckless or hoon driving, then authorities may confiscate your car for a period of time. Alternatively if this isn’t your first offence, they may permanently keep your vehicle or make you sell it.

So what is the difference between culpable driving and dangerous driving?

Culpable driving is a term lawyers use to describe a manner of driving of a motor vehicle that results in the death of another person.

Dangerous driving is a term lawyers use to describe the driving of a motor vehicle that is in all of the circumstances objectively dangerous to other road users.

Interlock system

An interlock device is one that connects to your ignition which requires you to blow a BAC of zero, or an amount decided by the court, before the car can start.

If you are worried you will be required to use an interlock system, speak to drink driving lawyers in Melbourne who can provide advice, support, and insight.

Can you go to jail for driving offences?

If you hurt someone while you were committing a driving offence, you may go to jail, especially if the injury resulted in injury, hospitalisation, or death.

You may also go to jail for not paying a fine or for breaking an Undertaking.

Do traffic offences show on a police check?

If you’re wanting to avoid a police record you should have a lawyer present at the Magistrates’ Court with you.

They can try to compromise and find common ground on what your punishment should be without getting a police record.

Either way, you will have a VicRoads driving record after committing any driving offence, which is different to a police record.

If the judge finds you guilty however, you will get a criminal record, unless you opt for one of these successfully:

Request a diversion program

A diversion program is an alternative to getting a criminal record and places you on a contract to do one or more of the following:

Get counselling
Do a defensive driving course
Make a donation
Do community work

Appeal the order

If you are unsatisfied with the judge’s decision, you can appeal the matter to the County Court.

The judge at the County Court may then decide that the penalty initially given to you was too harsh and they may choose to give you a smaller penalty that does not result in a police record.

How do I get out of a traffic offence?

James Dowsley And Associates are criminal lawyers who are experienced in handling traffic offences.

JDA is a criminal law firm in Melbourne’s South East who have clients all across Melbourne.

We have experience defending people in court who have commited traffic violations, as well as a range of other services including drug related offences, burglary or theft, and assault.

Contact one of our offices today – and remember our Frankston number is accessible 24 hours a day for immediate support and advice. You can also get in touch to enquire about legal aid in Victoria