Charged with a road traffic offence? Get expert advice and representation.
Traffic offences such as Dangerous driving, careless driving, Drive whilst disqualified, Fail to leave name and address, are prosecuted under the Road Safety Act 1986 (Vic).
Many of these offences carry the risk of license suspension or cancellation. Some categories of traffic offences, such as drink or drug driving may result in mandatory license disqualification.
In addition to the drink and drug driving categories, dangerous driving is another example of an offence carrying the possibility of mandatory license disqualification. Refer to our blog for detailed information about what the prosecution must prove, and penalties.
Careless driving is the less serious alternative offence to dangerous driving. Whilst no mandatory period of license loss applies to a charge of careless driving, a Magistrate still has the discretion to impose a period of suspension under Section 28 as described above.
Drive whilst license suspended/disqualified
Another prevalent traffic offence is Drive motor vehicle whilst license disqualified/suspended (section 30 of the Road Safety Act 1986 (Vic). It may surprise many that several years ago a 2nd offence of drive whilst license disqualified carried a mandatory term of imprisonment. In sentencing for a 2nd offence, the Court would in most cases order a suspended sentence, however however there were occasions where persons, often young men would be sentenced to a term of imprisonment for a 2nd or 3rd drive whilst disqualified offence. This led to a review of the law, and an amendment to the Road Safety Act, where mandatory imprisonment was removed for a second and subsequent offence.
The offence although prevalent, is regarded by the Courts as being one of the most serious traffic offences contained under the Road Safety Act 1986 (Vic). To read more about the elements, defences and penalties for Drive whilst disqualified/suspended read our article.
Call our office and get advice if you are charged with a traffic offence
The consequences that flow from a traffic offence, can as discussed above result in license loss. This can of course can adversely affect employment, particularly where driving a motor vehicle is a critical aspect of your job. Where you are facing a traffic offence that carries mandatory loss of license, it is critical to get legal advice to explore your options particularly any defences that may be available.
Early preparation is always advised. Call our office on (03) 9668 7600 for a free case assessment.
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For new queries, you can access advice and court representation through phone or video conference (Zoom or Microsoft Teams). We are committed to providing support to our clients through this period of uncertainty. Refer to our services page for a listing of the professional legal services we offer.
CHARGED WITH A TRAFFIC OFFENCE?
Fight Charges & Avoid Penalties
CASE STUDY: Dangerous Driving, Fail to Obey Direction to Stop Vehicle.
Outcome: Without conviction, fine $800, minimum statutory disqualification of 12 months.