Hoon driving and general driving offences
The vast majority of driving offences in Victoria are dealt with under the Road Safety Act.
Some of the most common offences are:
- Careless Driving – (Section 65)
- Driving in a manner or at a speed that is dangerous (Section 64)
- 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 certain Road Safety Act offences (such as Careless driving). These offences are:
- Fail to have proper control of a vehicle (Regulation 297)
- Making unnecessary noise or smoke (Regulation 291)
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. 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.
Furthermore, there are some offences that attract demerit points and some that don’t. In negotiating a plea with the Police, it’s important to consider all the issues and to minimise any future impact on your ability to drive.
Not only do many driving offences result in a mandatory loss of licence, but certain driving offences (such as Driving in a manner or at a speed dangerous) can also result in a sentence of imprisonment. Preparation and a clear understanding of your personal circumstances are vital to achieving the best possible Court outcomes.
A table containing the demerit points for driving related offences can be found in Schedule 3 of the Road Safety (Drivers) Regulations 2019. http://classic.austlii.edu.au/au/legis/vic/consol_reg/rsr2019322/sch3.html
