Traffic Offence Lawyers Melbourne

Get expert advice and representation for driving and traffic offences in Victoria.

  • Driving and traffic charges can range from minor summary offences to more serious indictable crimes

  • It is important to receive expert advice as early as possible as driving and traffic offences can lead to large fines, loss of demerit points, loss of licence and can lead to imprisonment

  • JDA lawyers are experts in both the Victorian Magistrates’ and County Courts where traffic offences are heard

The Process

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

Steps may include:

  • For less serious offences, such as low-range speeding, you may receive an infringement notice either on the spot or in the post which outlines the fine payable including the due date and the loss of license period if applicable 

  • If you do not make payment by the listed date penalties will apply as outlined in the notice

  • If you want to dispute the fine you may be required to attend the Magistrates’ Court for which legal advice is extremely important

  • For more serious offences you may be charged and have to attend court where you plead guilty or not guilty

  • If you are found guilty the Magistrate will decide on an appropriate penalty which can also include a license suspension or disqualification period 

An expert JDA lawyer can advise you on the best steps to take for your case and help you understand the possible consequences of your charge. It is important to obtain legal representation as early as possible in order to achieve the best 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.

  • 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

    Find out more about some of the major driving and traffic offences and 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 while being unaware of the speed limit in the area is not a valid defence to excessive speeding.

  • Victoria has specific anti-hooning laws as 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 and work towards the best outcome for your hoon driving charge.

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 bail applications.