Traffic Matters

Road Traffic Matters

For over 15 years, with criminal law as our key focus, we have provided affordable, professional advice and representation to numerous clients facing some of the most challenging times of their lives. Our Melbourne criminal lawyers have expertise in all areas of criminal law, including various road traffic matters such as:

    • Traffic Offences
    • Drink Driving
    • Drug Driving 
    • Speeding Offences

Traffic Offences in Victoria

In Victoria, traffic offences range from minor violations to serious crimes, each carrying different consequences. Common offences such as speeding, running a red light, or failing to stop at a stop sign are typically penalized with fines and demerit points. Accumulating too many demerit points within a certain time period can result in the suspension of your driver’s license, and, in some cases, drivers may be required to complete an education course before being allowed to drive again. However, certain traffic offences are considered much more severe, particularly those that put public safety at risk. Offences like reckless driving, dangerous driving, or driving under the influence (DUI) of alcohol or drugs are treated with greater severity and can result in significant legal consequences, including hefty fines, long-term license suspension, and even imprisonment. For example, driving under the influence of drugs or alcohol is not only dangerous but also criminal, with penalties that escalate depending on the circumstances, such as repeat offences or causing injury or death in an accident. In cases of extreme recklessness or dangerous driving that results in serious harm to others, a driver may face serious charges and even imprisonment.

Drink Driving

Under Victorian law, drink driving is a serious offence that carries significant penalties. Drivers found operating a vehicle with a blood alcohol concentration (BAC) of 0.05% or higher can face fines, license suspensions, and even imprisonment, depending on the severity of the offence. For novice drivers and those in the probationary stage, the legal BAC limit is zero, meaning any detectable alcohol in the system is an offence. Police are empowered to conduct roadside breath tests, and refusal to comply can lead to serious consequences. In addition to criminal penalties, drink driving can result in increased insurance premiums, loss of employment, and a tarnished driving record. It’s crucial for drivers to understand these laws and the importance of making safe choices to avoid the dangers and consequences associated with drink driving. If you are charged with drink driving, seeking legal advice is essential to ensure your rights are protected and to explore potential defences.

Drug Driving

Drug offences in Victoria are categorized based on the type and quantity of the drug involved, as well as whether the drug was intended for personal use or trafficking. Victoria operates under a classification system where different substances are categorized based on their perceived harm and potential danger to public health. For example, cannabis is considered a lower-risk substance compared to drugs like cocaine, methamphetamine, or heroin, which are associated with much more severe penalties. Possessing or using cannabis for personal use may attract fines or a caution, but if someone is caught trafficking or cultivating cannabis in significant quantities, the penalties become far more serious.

For more dangerous drugs such as methamphetamine and heroin, the legal consequences are much harsher. Possession or use of such substances can result in significant fines, criminal charges, and the potential for imprisonment. The legal system in Victoria treats trafficking and cultivating large quantities of these drugs as very serious offences. Trafficking drugs is considered a crime against society, with the potential for far-reaching consequences for public health. Depending on the quantity of the drugs involved and whether they are classified as commercial or large commercial quantities, those convicted of trafficking drugs in Victoria can face life imprisonment and substantial fines. Cultivating or manufacturing dangerous drugs like methamphetamine or heroin, even for personal use, can also attract severe penalties.

If you find yourself facing charges related to any drug offence, it’s crucial to seek legal advice as soon as possible. If the charges are related to trafficking or cultivating drugs, the penalties can be life-altering, so it’s vital to consult an experienced criminal defence lawyer who can help protect your rights and potentially reduce the severity of the charges. A skilled lawyer can assess the circumstances of your case and provide strategic advice to mitigate the consequences, ensuring that your defence is as strong as possible.

Speeding Offences

In Victoria, speeding is considered a serious traffic offence that is strictly enforced under the Road Safety Act 1986. The legal speed limits in the state vary depending on the type of road and the surrounding conditions. For example, the general speed limit on highways and main roads is 100 km/h, while in built-up areas, it is typically 50 km/h unless otherwise signposted. Drivers caught exceeding the speed limit by any amount may be subject to penalties including fines and demerit points. For instance, exceeding the speed limit by 1-9 km/h may attract a fine and 1 demerit point, while more significant breaches, such as exceeding the limit by 25 km/h or more, may result in higher fines and a greater number of demerit points. In cases where the driver exceeds the speed limit by 45 km/h or more, or engages in dangerous driving behaviours while speeding, the offence may be considered more serious, leading to possible suspension of the driver’s licence, or even imprisonment in extreme cases where the speeding results in an accident causing injury or death. Additionally, drivers caught speeding in school zones, where the speed limit is reduced to 40 km/h during school hours, face higher penalties due to the increased risk to children’s safety. It is important to note that there are automatic speeding cameras throughout Victoria, and the police may also conduct random speed checks, so it is essential for all drivers to adhere to posted speed limits to avoid the significant penalties associated with speeding violations. In situations where an individual is facing speeding charges, seeking legal advice is advisable to understand the potential outcomes and the options available to mitigate the consequences.

How Our Melbourne Criminal Lawyers Can Assist You

If you are charged with a criminal offence, seeking legal representation as soon as possible can make a huge difference. An experienced criminal defence lawyer in Melbourne can provide immediate and ongoing advice, build your defence, and represent you in court if required. Facing criminal charges can be terrifying so you will want an experienced, empathetic professional with strong advocacy skills to put your best case forward.

Marco Man & Associates will help you understand your rights and lead you through the complex criminal justice system to secure the best possible outcome in your circumstances. If you cannot afford a lawyer, Legal Aid may be available, and we can help you apply for legal assistance from Victoria Legal Aid.

We proudly serve clients across Melbourne and surrounding areas, including Altona, Moorabbin, Box Hill, Werribee, Melton, and Sunshine.

When you need help, call Marco on 0450 803 822 or email ma***@ma*************.au.