Get the Traffic Offence Support You Need
With offices located in both Melbourne CBD and Dandenong, Pentana Stanton Lawyers can provide expert legal representation for traffic offences heard in the Magistrates’ Court.
Driving Accidents
If you’ve caused an accident and you’re uninsured, the other party or their insurance company may try to sue you.
Speed Infringements
Serious or repeat speeding infringements may result in you being summoned to appear in court.
Hoon Driving
Breaches of Victoria’s anti-hoon laws may lead to your vehicle being impounded or permanently confiscated.
Dangerous Driving
A dangerous driving charge, which is driving in a way that’s dangerous to the public, can result in up to two years in prison.
Drink-driving
Driving under the influence of alcohol is a serious offence that may lead to a number of heavy penalties.
Other Offences
Other traffic offences include careless driving, driving while suspended/disqualified, unlicensed driving, and drug-driving.
DRIVING OFFENCE LAWYERS
Getting the best result in your traffic offence case means knowing your rights, understanding the law, and preparing a carefully considered defence.
Pentana Stanton Lawyers are one of Melbourne’s leading traffic offence law firms. With more than eight years’ experience in defending clients in the Magistrates’ Court, our traffic offence lawyer knows how to help you get the best possible result
Defending a Traffic Offence
For Infringements |
For Serious Offences |
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| 1. | If your offence is minor, you’ll receive a fine and/or loss of demerit points via an infringement notice in your mail. | 1. | If your offence is serious, you’ll be charged and instructed to appear in the Magistrates’ Court. |
| 2. | When you receive your infringement notice, you can choose to:
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2. | Before your scheduled court date, make sure you obtain expert legal representation. Serious traffic offences can have life-altering consequences such as permanent vehicle confiscation, driving licence disqualification, and jail time. |
| 3. | Decide whether you want to plead guilty or not guilty. Even if you decide to plead guilty, a traffic lawyer may be able to help you get a better outcome by highlighting mitigating circumstances in your case. | ||
| 4. | If you plead guilty, you’ll attend court with your lawyer, where the magistrate will hand down your penalties. | ||
| 5. | If you plead not guilty, you’ll attend a contested hearing (where your lawyer contests what the prosecution is claiming).
Based on the evidence and arguments from both sides, the magistrate will decide whether you’re guilty or not, and what your penalties, if any, will be. |
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| 6. | If you pleaded not guilty and you disagree with the magistrate’s decision, you can lodge an appeal within 28 days. | ||
Speeding Fine Lawyers Melbourne
In Victoria, speeding fines range from $227 to $2,127 and vary based on how much you exceeded the speed limit.
If you exceeded the speed limit by more than 25 kilometres per hour, you’ll be charged with excessive speeding (a criminal offence) and subject to an automatic licence suspension.
If you had a good reason for speeding (like an emergency), driving offence lawyers can help present your case to the court in a favourable light.
How the Demerit Point System Works
Demerit points are counted and recorded by VicRoads.
Some driving offences will result in you receiving one or more demerit points (or penalty points).
These demerit points are recorded on your driver’s licence or learner permit.
If you amass too many demerit points, your licence will be suspended.
Drivers with full licences may accrue up to 12 demerit points in any 36-month period, while drivers on Ps or learner permits can accrue five points in any 12-month period or a maximum of 12 points in any 36-month period.
Dangerous Driving Lawyers Melbourne
Dangerous driving is driving at a speed or in a manner that is dangerous to the public.
If the police think your behaviour was objectively dangerous, you’ll be charged with dangerous driving – it doesn’t matter whether anyone else was actually at risk.
Defending a dangerous driving charge is possible if there were mitigating circumstances or if the police made a mistake.
In some circumstances, traffic offence lawyers in Melbourne can also work with you to negotiate your charge down to one of careless driving, which carries lesser penalties and no mandatory licence suspension.
Traffic Offences FAQs
Do I need a solicitor for a speeding offence?
If your speeding offence is serious enough that you’ve been charged with dangerous driving, then you should hire a traffic lawyer in Melbourne. You should also seek legal advice if you want to challenge a speeding offence in court. If you’ve simply received an infringement notice, though, you can pay your fine and accept your demerit points without a lawyer’s help.
How long do driving offences take to go to court?
If you’re charged with a simple traffic offence, you’ll be served with a notice to appear. This notice instructs you to attend court on a particular day and at a specified time. Failure to attend may result in conviction by default or an arrest warrant.
If you’re charged with a more serious driving offence, you’ll be issued a summons to appear in court to defend against the charge. Failure to appear may result in conviction by default and a possible arrest warrant, particularly if imprisonment is a likely sentence for the offence.
Is speeding a criminal offence in Victoria?
In Victoria, exceeding the speed limit by more than 25 kilometres per hour or driving faster than 130 kilometres per hour is classed as excessive speeding, which is a criminal offence. Dangerous driving and other serious traffic offences are also criminal offences. Any criminal offence means you’ll receive a criminal record if convicted.
Minor offences, like exceeding the speed limit by a few kilometres, are not criminal offences. You’ll generally receive an infringement notice with a fine and demerit points.
Should I attend court for speeding?
You don’t need to attend court for speeding unless you’ve been charged with a serious offence like excessive speeding.
You can attend court, however, if you want to challenge an infringement notice. Before you go to court, however, you should always seek the advice of an experienced traffic lawyer – challenging an infringement in court can result in more serious consequences, like further fines, demerit points, or even charges.
