Expert Traffic Offence Lawyers Melbourne, VIC

Experienced Traffic Lawyer in Melbourne for Driving Offences in Victoria

Need urgent support or advice from a traffic offence lawyer? Call us 27/4: (03) 9781 4900

  • Facing a driving or traffic charge in Victoria?
    Driving and traffic offences in Victoria can lead to significant consequences. These include hefty fines, demerit points, loss of licence, and even imprisonment.

  • Act now:
    The sooner you get expert advice, the better your chances of a favourable outcome. Delays can impact your options and results.

  • Expert representation:
    Our traffic offence lawyers are experts in both the Victorian Magistrates’ and County Courts where traffic offences are heard.

  • Available 24/7:
    Don’t wait - timing is of the essence. Call us anytime for immediate support and to start planning your defence.

  • We guide you:
    Understand your rights and options with our help every step of the way. We’re here to ensure you’re never alone during this stressful time. If you're going to court for a traffic offence, it's crucial to understand the legal process involved.

Understanding the Legal Process For Melbourne Traffic Offences

Understanding your legal journey

When you are charged with a driving or traffic offence it is important to know the possible steps and outcomes.

Infringement notices for minor offences

For less serious offences, like low-range speeding, you might receive an infringement notice either directly or by post. This notice details the fine, payment due date, and any applicable licence suspension period.

Penalties for non-payment

Failing to pay the fine by the due date can result in additional penalties as specified in the notice.

Disputing the fine

If you choose to dispute the fine, attending the Magistrates’ Court becomes necessary. It is crucial to seek legal advice to navigate this process effectively.

Court proceedings for serious offences

More severe charges require a court appearance, where you will plead guilty or not guilty. The outcome, including any potential licence suspension or disqualification, will be determined by the Magistrate.

Expert legal support

Engaging a traffic offence lawyer early in the process is vital.

Our law firm will guide you through the best steps for your situation and help you understand the implications of your charges. Our aim is to achieve the most favourable outcome at your hearing.

Types of Driving and Traffic offences

There are various types of driving and traffic offences in Victoria which apply to both car drivers and motorcyclists. There are also some specific laws which apply to probationary and learner drivers. Understanding the different outcomes for traffic offences can help you better prepare for your case.

  • Penalties for traffic offences can include:

    • The charge being noted on your criminal record

    • A fine

    • Temporary suspension or disqualification of your licence

    • A diversion program

    • A Community Correction Order

    • Imprisonment

    • Impoundment of your vehicle

    Visit our drink driving page to learn more specifically about drink driving offences.

  • The Road Safety Act 1986 and the Road Safety (Drivers) Regulations 2009 outline the penalties for different levels of speeding in Victoria.

    Mandatory licence suspensions are listed under these laws and regulations.

    Excessive speeding is considered to be:

    • Going over the speed limit by 25 km/h or more

    • Driving faster than 130 km/h

    As with all speeding offences you are likely to receive a fine or a good behaviour bond (also known as an adjourned undertaking). Your vehicle can be impounded.

    Losing your licence for a period of time is likely unavoidable if you are charged with excessive speeding.

    If you would like to dispute an excessive speeding charge you must respond to an infringement notice indicating you wish to dispute the allegation in court. You will later need to appear in court in which case proper legal representation is imperative.

    Possible defences for excessive speeding include if an emergency necessitated the speed such as someone in the car being critically ill and requiring urgent medical attention.

    Running late for work does not constitute an emergency. Being unaware of the speed limit in the area is not a valid defence to excessive speeding.

  • Victoria has specific anti-hooning laws. These are set out in the Road Safety Act 1986, the Crimes Act 1958 and the Road Safety Rules 2009.

    Hooning offences are divided into two types:

    Serious type 1 offences include:

    • Being caught driving without a valid licence for the second time

    • Speeding 70km/h over the speed limit

    • Driving 170km/h or more in a 110km/h speed zone

    • Dangerous driving while being pursued by the police

    Less serious type 2 offences include:

    • Moderate level speeding: between 45km/h and 70km/h over the speed limit

    • Drag racing

    • Failing to stop at a tram or train crossing traffic light

    • Travelling on a part of the vehicle that is not intended for passengers

    The penalties for these crimes can range from financial penalties and short term impoundment of your vehicle to terms of imprisonment.

    The severity of the offence as well as whether it is your first offence will have a significant impact on the punishment.

    Access to expert legal representation can help you understand your options. We will work towards the best outcome for your hoon driving charge.

FAQs

  • If you receive a traffic infringement notice, it's important to read it carefully and understand the alleged offence. You have the option to pay the fine, request a review, or contest it in court. Consulting with a traffic lawyer can help you understand your options and the potential consequences of each choice.

  • Traffic offences can lead to demerit points on your driving record, which may result in license suspension if you accumulate too many points. Serious offences can also lead to fines, increased insurance premiums, and even imprisonment. A traffic lawyer can help mitigate these impacts by providing expert legal representation.

  • Common defences against traffic offences include challenging the accuracy of speed detection devices, questioning the legality of the traffic stop, and providing evidence of necessity or emergency. A skilled traffic lawyer can assess your case and determine the best defence strategy.

  • You should consider hiring a traffic lawyer if you are facing serious charges, such as DUI or reckless driving, or if you believe the charges are unjust. A lawyer can provide valuable guidance and representation, increasing your chances of a favourable outcome.

  • Yes, a traffic lawyer can negotiate with prosecutors to reduce charges or penalties, potentially resulting in lower fines, fewer demerit points, or alternative sentencing options. Their expertise can be crucial in achieving a more favourable resolution.

Need a Criminal Lawyer in Melbourne for a Driving or Traffic Offence?

Simply contact JDA Law on (03) 9781 4900 to receive expertised advice 24/7 on traffic and driving offences.

In addition to traffic and driving offences, we also assist with more complex criminal matters such as assault, fraud, and homicide defence, ensuring you have the right legal support no matter the charge.