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Have you been charged with dangerous driving? You’re not alone. According to Victorian government statistics from April 2021 to June 2022, the total infringements detected by a road safety camera system for speeding and red light offences were 339, 512.
With traffic charges, it’s important to understand what your options are. Whether you were caught for simple traffic offences or drink driving, an experienced traffic lawyer can offer the best possible chance of achieving the best outcome for your case.
If you’re contemplating the maximum penalty, don’t stress. As a legal professional who cares about how the law can impact you, you can experience reliable and trustworthy legal advice even for a minor traffic violation. So, what do you need to know, and how can you succeed in court?
Although traffic charges aren’t as severe as some, it is worth investing time into a traffic offence lawyer. Driving laws are complicated, and small details can easily be missed.
Those that specialise in traffic laws can provide accurate advice for the accused, compiling a range of knowledge, sources, and years of field experience to encourage a lesser penalty.
A criminal lawyer near Box Hill and Craigieburn can help you determine potential defences, the strength of these defences, severe penalties if found guilty, and build a solid case for the court.
Thankfully, a legal professional can help with a range of criminal convictions such as drug driving offences, special hardship, and a range of traffic matters.
The laws for traffic violations in Victoria can change quickly and aren’t often shown to the public. A legal professional is useful for unpacking the complexity of these laws so you can understand the charges against you.
No matter the legal proceedings, a lawyer with experience will always aim to give you the best representation possible to the court. Traffic lawyers across Frankston, Cranbourne, and Dandenong will consider all defence strategies with your best interests in mind.
Qualified traffic lawyers can help you collect a bank of evidence to win your case. This can include CCTV footage, photographs, phone records, or witnesses, a process that can be difficult to do alone. Some traffic authorities try to mischaracterise you to prove you are in the wrong, and this often needs a lawyer to prepare a defence backed by evidence.
Depending on your circumstances, traffic lawyers can reduce or dismiss your fine by negotiating with prosecutors on your behalf. In Victoria, this is also known as a summary case conference. Traffic lawyers can mitigate your circumstances such as negotiating special hardship, allowing you to drive under restricted, specific conditions.
If you were unaware of the traffic law being broken, a professional traffic lawyer can soften the penalty by stating you were oblivious to a law or regulation. This is an excellent way to be protected against unfair charges.
Thankfully, a criminal lawyer near Moorabbin can help with a range of criminal convictions such as drug driving offences and other traffic matters.
The Road Safety Act (1986) is complex as it is often reviewed and updated. It’s important to be aware of these changes and how they can affect you.
There are many offences on the road, some more severe than others. If you’d like to learn more, have a look at what types of drug charges are most common.
According to Schedule 5 of the Road Safety Act, a licence is suspended straight away by a police notice if a driver is driving more than 25 km/h over the speed limit or at 130 kph or more. If a driver is speeding less than 25 kph over the limit, they may be subject to a fine, infringement notice, or loss in demerit points.
This is a more dangerous driving charge. Driving while drug-impaired can result in a licence disqualification for a minimum of 12 months.
Offences can include driving while under the influence of alcohol, driving with alcohol in your blood alcohol concentration (BAC), refusing a breath test, or combining alcohol with drugs.
If you are involved in a minor incident such as hitting a car in the rear, you can be charged for careless driving.
If your licence has been suspended, it is an offence to drive without authorisation. After a disqualification period, a driver becomes unlicensed, so a driver shouldn’t be on the roads during this time.
You must have a valid licence to drive on a public road. If not you may receive an infringement or be taken to Court.
According to the Road Safety Act (Amendment) Act 2022 (Vic), there is a new artificial intelligence technology that can detect unlawful use of mobile phones.
If a driver fails to stop after a vehicle accident, offer assistance, exchange names or addresses, and report an accident to a police station if no one is at the scene, there is a risk of licence suspension according to Section 61 of the Road Safety Act. If someone has died and you left the scene, you can be charged with an indictable offence. This can include a large fine or up to 10 years in prison.
Traffic offences aren’t always straightforward. A criminal lawyer near Geelong, Ringwood, Sunshine, and Fairfield can support you with these legal procedures.
Infringement notices are handed out for the majority of driving offences. Issued by Fines Victoria, this can cover red light offences, transit lane or bus offences, and some speeding offences. Driver objections to traffic tickets need to be lodged within 28 days. This offers certainty that the driver’s side of the story will be heard in court, whether or not they plead guilty.
Infringement notice withdrawals can apply if you’ve committed a minor offence or have no record of an infringement notice within the past 2 years. These cases can often result in a warning rather than a fine or court proceeding. Likewise, penalties can be enforced by VicRoads—such as licence and registration suspension—if the traffic infringement has not been paid.
Depending on the criminal offence, demerit points can be taken from a VicRoads driver’s licence. The amount taken is stated in Schedule 3 of the Driving Regulations, and 12 demerit points lost can result in a suspension of licence for 3 months. For example, a red light traffic offence can result in 3 points taken, whereas mobile phone use can result in 4 points deducted
If you are caught speeding 25 kph over the speeding limit, you can incur a mandatory licence suspension according to Sections 28, 89D of the Road Safety Act.
A driver has two choices after exceeding their demerit point limit. They can either accept the licence suspension or request for VicRoads to offer a 12-month grace period. If demerit points are taken during this time, the initial penalty can be increased up to 18 months.
VicRoads can cancel or suspend licences or permits. Reasons can include failure to complete a safe driving course after unsafe driving, unpaid fines during a licence disqualification period, or if your licence has been cancelled in another Australian state.
If you’ve committed a more serious traffic offence, a driver can be given a Summons, or be arrested. Police can automatically cancel a licence for drink driving.
At May Lawyers, I have over 10 years of experience with services that handle all criminal cases on the road. No matter how small the traffic issue, I have the expertise and reputation to support you through the legal process.
I understand how legal issues can affect your personal and professional life, and I take on all cases as if they were my own. As a trusted criminal lawyer across Western Suburbs, I can offer you guidance and reassurance, whether you’re faced with criminal trials or bail applications. Contact me today to give your case a higher chance of success.