The Road Safety Act is one of the most complex pieces of legislation and many people face court over various breaches of traffic laws. The following matters are common in Victorian Courts:

• Drink Driving and Driving whilst under the influence of drugs
• Culpable Driving and Dangerous Driving (Matters which may involve fatalities)

Majority of the offences carry mandatory penalties of significant periods of licence loss in addition to significant monetary penalties. In certain cases, repeat offenders can be imprisoned if they fail to defend their cases adequately.

Penalties for Traffic Offences in Victoria

The consequences of traffic offences vary depending on the severity of the offence. For instance, the penalty for running a red light is different from that of drink driving. Penalties often include fines, demerit points and, in some cases, imprisonment. Habitual offenders face more severe penalties than first-time offenders.

Steps to Take After Receiving a Traffic Offence in Victoria

If you receive a traffic offence notice, it's crucial to take immediate action. Ensure that you follow the instructions outlined in the notice to avoid additional penalties. It's also wise to seek advice from a legal professional who specializes in traffic offences.

Overview of Motor Vehicle and Traffic Laws in Victoria

Victoria's traffic laws are designed to ensure the safety of all road users. The Road Safety Act 1986 outlines the legal requirements for drivers in Victoria. These laws cover a wide range of factors related to driving, including speeding, drink driving, drug driving, seatbelt requirements, and using mobile phones while driving.

Speeding is a major cause of road accidents in Victoria, and the state has strict laws to prevent it. It's important to always obey the speed limit and adjust your speed to suit the conditions of the road.

Drink driving is also a serious offence in Victoria, and the penalties can be severe. The legal blood alcohol limit for drivers in Victoria is 0.05%, but for drivers with a probationary licence or learner permit, the limit is zero. It's important to never drink and drive, as it puts yourself and others at risk.

Drug driving is another offence that is taken seriously in Victoria. It's illegal to drive while under the influence of drugs, including illegal drugs and prescription medication. Police can conduct random drug tests on drivers, and penalties for drug driving can include fines, loss of licence, and even imprisonment.

Using a mobile phone while driving is also illegal in Victoria, unless the phone is in a hands-free mode or mounted in a cradle. This law applies to all drivers, including those on a learner or probationary licence. It's important to avoid using your phone while driving, as it can distract you from the road and increase the risk of an accident.

Overall, it's important to be aware of the traffic laws in Victoria and to always obey them. By following these laws, you can help to keep yourself and others safe on the road.

Driving and Traffic Offences in Melbourne, Victoria

If you've been charged with a traffic offence, it's essential to have experienced lawyers who specialize in traffic law by your side. At Dhillon legal, our highly skilled criminal lawyers who can help you fight your traffic offence charges.

Traffic Offences

Traffic offences are largely broken into two categories. Summary offences are heard in the Magistrates’ Court of Victoria. The more serious offences, known as indictable offences, are mostly heard before the County Court of Victoria, or Supreme Court of Victoria. Some indictable matters, including some driving offences such as Dangerous Driving Causing Serious Injury, and Reckless Conduct, can be heard summarily in the Magistrates’ Court.

Summary Offences

If you've been charged with a summary driving offence, then the following examples of common charges and penalties may be of interest to you:

• Careless Driving (s65): This charge carries a maximum penalty of 12 units for a first offence and 25 units for a subsequent offence. Defendants may also be subject to a period of licence suspension.
• Dangerous Driving (s64): This charge carries a maximum penalty of 240 units or 2 years imprisonment or both. Also mandates disqualification from driving for a minimum period of 6-12 months.
• Driving Whilst Unlicensed, Suspended or Disqualified (s18 and s30): Maximum penalties range from 10 penalty units or 1-months imprisonment up to 240 penalty units or 2 years imprisonment, depending on the charge.
• Failure to Report Accident to Police When Person Injured or Property Damaged (s61): Maximum penalties range from 5 units or 14 days’ imprisonment to 240 units or 2 years imprisonment, depending on the circumstances of the offence.
• Improper Use of a Motor Vehicle and Loss of Traction (s65A): The maximum penalty is a fine of 5 units, but the Court also has the general discretion to suspend or cancel the driver’s licence.

The penalties for each charge vary depending on the circumstances, but one penalty unit in Victoria is around $182.

Indictable Offences

The Crimes Act 1958 (Vic) also has several serious driving offences that fall under the indictable category in Victoria, including:

• Culpable Driving (s318): The act of causing another person's death while driving recklessly, negligently, or under the influence of drugs or alcohol. This offence carries a maximum penalty of 20 years' imprisonment
• Dangerous or Negligent Driving While Pursued by Police (s319AA): The act of driving in a dangerous or negligent manner after being directed to stop or pursued by a police officer. This offence carries a maximum penalty of 3 years' imprisonment.
• Reckless Conduct Endangering Life or Serious Injury (s22 and s23): The act of engaging recklessly in conduct that may place another person in danger of death or serious injury. An example could be driving at a speed that endangers the passengers in the car or the public. This offence carries a maximum penalty of 5 years' imprisonment for endangering serious injury and 10 years' imprisonment for endangering life
• Negligently Causing Serious Injury (s24): Negligently doing or omitting to do any act that causes another person to suffer a serious injury. This offence carries a maximum penalty of 10 years' imprisonment.
• Dangerous Driving Causing Death or Serious Injury (s319): The act of causing the death or serious injury of another person by driving dangerously, given the circumstances. This offence carries a maximum penalty of 10 years' imprisonment.

It is important to seek legal representation if you are facing any of these charges. Our team of experienced criminal lawyers can provide you with expert legal advice and representation. We are dedicated to protecting your rights and achieving the best possible outcome for your case. Contact us now for a lawyer near you.

Why You Need a Lawyer

Although people can deal with smaller fines and traffic infringements on their own, some traffic offences can have serious consequences, including license suspension or cancellation, and even imprisonment. That's why it's essential to have a criminal lawyer by your side who can help you navigate the legal system and fight your charges. At Dhillon Legal, we have a team of experienced criminal lawyers who have successfully defended clients charged with traffic offences.

If you're facing charges for a traffic offence, don't hesitate to contact us. Our team of criminal lawyers is ready to help you fight your charges and protect your rights.