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If you’ve ever been faced with a traffic offence, you understand the risk of losing your licence. Traffic offences range from mild to serious, and these violations result in fines, loss of demerit points, or imprisonment. Misusing your licence can result in detrimental consequences, for both yourself and others on the road.
According to the Victorian Government 2021-22 yearly statistics, the total infringements for speeding and red light offences was 1,380,807. Overall, there has been a 15% increase in speeding offences since 2020-21 and Victorian road users are often speeding up to 15 km/h over the limit. With more cases daily, reliable legal advice is often sought out.
What do you do if charged with a traffic violation, and how can a traffic offence lawyer help you win your case? Thankfully, there are many options available to you. This article will explore everything you need to know in terms of what these violations are, understanding the consequences of breaking road rules, and how you can be affected by these dangerous mistakes.
A traffic violation is a criminal offence, divided into major and minor categories and spanning from minor traffic offences to road safety offences.
These matters include exceeding the speed limit, parking violations, drug driving, and more. Other minor examples include crashing due to swerving, tailgating, being distracted, or failing to stop or give way. On the other hand, more severe offences involve dangerous driving that leads to injury or death.
According to the Magistrate’s Court of Victoria, the majority of driving or traffic offences result in a fine, loss of demerit points, or licence suspension. However, if the matter involves dangerous driving, excessive speeding, or driving while suspended, this will be taken straight to court. Whichever the traffic violation, it is important to seek out legal expertise.
Excessive speeding is defined in Section 5 of the Road Safety Act 1986 (Vic) (‘Road Safety Act’). If you have been found guilty of speeding 25 km/h or more over the limit, your licence is automatically disqualified for a minimal period, and a court can increase as stated in the Road Safety Act. Additionally, the fine can increase depending on your speeding limit.
If you have exceeded the speed limit by 25 km/h but less than 35 km/h, your licence can be disqualified for at least 3 months.
If you have exceeded the speeding limit by 35 km/h but less than 45 km/h, your licence can be disqualified for at least 6 months.
If you have exceeded the speeding limit by 45 km/h or more, your licence can be disqualified for a minimum of 12 months.
Likewise, if you are speeding 125 km/h over the limit, you can lose your licence immediately. 25 km/h over the limit can result in an infringement notice, a fine, or a reduction of demerit points. With that in mind, keep your eye on your speedometer!
According to Part 5 of the Road Safety Act, there are seven types of drink driving offences.
If you need legal assistance, a criminal lawyer near Cranbourne has the expertise to help you win your case.
If you are suspected of drug impairment after a certain period, you will most likely undergo a drug assessment test. This includes a recorded video assessment – which is given to the driver – and a blood or urine test if a police pursuit believes the driver is drug impaired by showing drug-related behaviour. There are three drug-impairment offences shown in the Road Safety Act.
If your authorisation to drive a motor vehicle has been suspended by a court or VicRoads, it is an offence to drive. Even if a period of disqualification has finished, the driver is considered unlicensed if it hasn’t been restored.
Driving while disqualified has a penalty of up to $39,000 or two years imprisonment, according to Section 30 of the Road Safety Act.
This charge can be defended provided the driver was unaware of this disqualification or suspension period. If this is the case, a Magistrate can order the driver to serve the period from when they were aware, according to Section 30A of the Road Safety Act.
As one of the most common driving offences, this involves a person driving on a public road without a licence or permit. This also includes breaching a licence condition set by a court, according to Section 18 (1) of the Road Safety Act.
If you’re a driver with an interstate licence and have lived in Victoria for 3 months, a Victorian licence needs to be obtained. Failure to do so can result in a charge for unlicensed driving.
If convicted of unlicensed driving or breaching a licence condition, the maximum penalty is 6 months imprisonment or a fine of $9913 (Section 18, 1A).
However, if you can demonstrate to the court that your licence wasn’t previously disqualified, the penalty can be decreased to one month of jail time or a fine of $1650. If the court believes the licence was disqualified and an alcohol-interlock order would have applied, the fine increases to a maximum of 6 months imprisonment a fine of $4800.
Seatbelt and mobile phone offences are other common driving offences that can affect demerit points. According to the Road Safety (Amendment) Act 2022 (Vic), new technology has been introduced to detect these offences on the road.
Two actions can imply a dangerous driving offence. This can include driving at a dangerous speed or driving in a manner dangerous to the public, according to Section 64 (1) of the Road Safety Act.
If you’re found guilty of dangerous driving offences you can face automatic licence cancellation, and disqualification from obtaining a new licence for at least 6 months. Speeds over 45km/hr or more are cancelled for at least 12 months.
A Magistrate can order a fine up to $39, 652 or 2 years imprisonment, however, this depends on whether you have a previous offence. Attempting excessive speed on the road just isn’t worth the risk.
According to Section 32 (1) in Victoria, it is illegal to allow anyone to drive a motor vehicle while unlicensed.
This charge can be defended if there are reasonable grounds that made the employer believe the driver was authorised to drive. The maximum penalty is $2400 or 3 months imprisonment.
As another common reckless driving charge on the road, this often involves minor accidents or unsafe driving. This could involve running into another car, or any situation where a driver has failed to show care or attention compared to a reasonable driver.
If found guilty of careless driving, a fine of up to $1900 may need to be paid. Fines up to $4130 are applicable for second offenders, and up to 3 demerit points for recurring offenders.
This is a more serious driving offence, can can result in license loss, fines and in some cases imprisonment.
Penalties differ depending on whether property (such as another person’s car) was damaged or if another person was killed or seriously injured. If another person is killed, significant terms of imprisonment can follow.
If in doubt about your subsequent offences, speak to a qualified criminal lawyer near Fairfield. We can offer immediate, 24/7 support if you’ve been arrested.
There are other criminal charges applicable under the Road Safety Act. This can include entering a level rail or tram crossing while lights are flashing or when it is inappropriate to enter the crossing. There is a minimal licence suspension of 3 months and 4 demerit points listed against the driver’s licence.
It is also an offence to fail to stop when directed by police. This can result in a minimum licence cancellation of 6 months for a first offence, 12 months for a second, a fine, or a term of imprisonment.
A notice to pay a fine is called an infringement notice. You can contact the prosecuting agency if you have questions, or choose to have the matter taken to the Magistrates Court.
However, it’s critical to receive legal advice from a professional who can reduce or remove your fine. Taking the right steps can prevent a criminal record or loss of licence.
Looking for a reliable and reputable traffic offence lawyer? A criminal lawyer near South Eastern Suburbs can support your case.
VicRoads: If your licence has been cancelled or suspended by VicRoads, you can appeal this decision at a Magistrates Court. However, the court’s decision is final. Appeals to the court regarding demerit point decisions are limited to the miscalculation of these points by VicRoads.
Courts: If you’ve been disqualified or suspended from obtaining a permit or licence, you can appeal to the County Court against this decision. This appeal needs to be filed within 28 days of the order.
Unless a court has granted permission, you cannot drive between filing an appeal and the appeal hearing.
Have you been called to court for a recent traffic offence? If you’re at risk of being unable to drive, you may be feeling uncertain and worried about the potential of a criminal record.
Whether a mild or serious offence, I can offer you personalised legal representation with a high standard of legal service. Whatever your circumstances may be, you can contact me 24/7 for obligation-free legal advice.
As the partner of a highly regarded criminal law firm in Melbourne, I’m recognised by the Law Institute of Victoria as an accredited specialist in criminal law. Contact me at 0415 582 404 for legal guidance you can trust. From drug offences to criminal trials, I can help you with a straightforward procedure that puts your needs first.