Traffic Offences
Traffic Offences Melbourne
The vast majority of driving offences in Victoria are dealt with under the Road Safety Act.
Some of the most common offences are:
- Driving in a manner or at a speed that is dangerous – Section 64(1)
- Careless Driving – Section 65
- Improper use of a motor vehicle – Loss of traction – Section 65A
- Duty of a driver if an accident occurs -Section 61
There are also a range of offences that are contained in the Road Safety Road Rules 2017 which are often charged in addition to Dangerous driving and Careless driving.
These additional offences are generally referred to as Hoon offences. Typical hoon driving offences relate to burnouts and/or drifting on public roads, highways and road related areas. The most common hoon offences are as follows:
- Fail to have proper control of a vehicle (Regulation 297)
- Making unnecessary noise or smoke (Regulation 291)
- Improper use of motor vehicle (Section 65A Road Safety Act)
It’s important to get advice if you are charged with any driving offence. Police will often charge people with a number of separate offences arising out of a single incident of driving. As outlined above, this creates alternative charges which can often be the subject of negotiation and subsequent withdrawal. If you chose to plead guilty, it’s important that you only plead guilty to the appropriate charges.
Traffic Offence Penalties: What to Expect?
Some offences attract demerit points and some don’t. In negotiating a plea with the Police, it’s important to minimise any future impact on your ability to drive.
Specific Offences – Drink and Drug Driving
The law relating to drink and drug driving is very technical and can be tricky to navigate. For this reason, the right advice can save you a lot of time and worry. In my experience, most people discover that, once they have some information and knowledge about the process and the appropriate next steps, they feel less anxious and much better equipped to make an informed decision about their various options.
The most common offences charged under Section 49 (1) of the Road Safety Act 1986 are as follows:
- Drink driving
- Driving under the influence of intoxicating liquor or drugs
- Failing to stop at a Preliminary breath testing station
- Drug driving
- Driving while impaired by a drug
- Drink and drug driving
- Refusing to undergo a preliminary breath test
- Refusing to undergo a preliminary oral fluid test
It is important that your case is carefully prepared so as to minimise the potential impact on you and your livelihood. It is best to get advice early in order to maximise your chances of a positive outcome.
Let's Have A Confidential Chat
Where to from here?
In preparation for your Court date, I will meet with you personally, listen to your side of the story, analyse the facts and provide advice on the law. I will also personally make some suggestions about individuals and agencies that can assist with the preparation of appropriate reports that will help to minimise your penalty. I will also make recommendations about suitable and appropriate personal character references.
