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 carries different consequences. Common offences, such as speeding, running a red light, or failing to stop at a stop sign, typically attract fines and demerit points. Accumulating too many demerit points within a certain period can lead to the suspension of your driver’s licence. In some cases, drivers may be required to complete an education course before they are allowed to drive again.

Certain traffic offences are much more severe, particularly those that put public safety at risk. Offences such as reckless driving, dangerous driving, or driving under the influence (DUI) of alcohol or drugs carry significant legal consequences. These can include hefty fines, long-term license suspension, and even imprisonment. Driving under the influence 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 extreme cases of recklessness or dangerous driving that results in serious harm, a driver may face serious charges and imprisonment.

Drink Driving

Under Victorian law, drink driving is a serious offence with significant penalties. Drivers operating a vehicle with a blood alcohol concentration (BAC) of 0.05% or higher can face fines, license suspensions, and imprisonment depending on the severity of the offence.

For novice drivers and those in the probationary stage, the legal BAC limit is zero. This means that any detectable alcohol in the system counts as an offence. Police can conduct roadside breath tests, and refusing a test can lead to serious consequences.

In addition to criminal penalties, drink driving can increase insurance premiums, cost employment opportunities, and tarnish your driving record. It is crucial for drivers to understand these laws and make safe choices. If you are charged with drink driving, seeking legal advice is essential to protect your rights and 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 it was intended for personal use or trafficking. Victoria operates a classification system where substances are ranked based on their perceived harm and danger to public health.

Cannabis is considered lower risk compared to drugs such as cocaine, methamphetamine, or heroin, which carry much more severe penalties. Possessing or using cannabis for personal use may result in fines or a caution. However, trafficking or cultivating cannabis in significant quantities leads to much harsher penalties.

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

If you face charges related to any drug offence, it is crucial to seek legal advice as soon as possible. Trafficking or cultivation charges can be life-altering. Consulting an experienced criminal defence lawyer can help protect your rights and potentially reduce the severity of the charges. A skilled lawyer will assess your circumstances and provide strategic advice to build the strongest possible defence.

Speeding Offences

In Victoria, speeding is a serious traffic offence strictly enforced under the Road Safety Act 1986. Speed limits vary depending on the road type and surrounding conditions. The general 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 exceeding the speed limit face penalties including fines and demerit points. For example, going 1–9 km/h over may attract a fine and 1 demerit point. More significant breaches, such as exceeding the limit by 25 km/h or more, carry higher fines and more points. Exceeding the limit by 45 km/h or engaging in dangerous driving while speeding may lead to license suspension or imprisonment, especially if an accident causes injury or death.

Drivers caught speeding in school zones, where the limit drops to 40 km/h during school hours, face higher penalties due to the risk to children. Victoria has automatic speed cameras, and police may conduct random speed checks. All drivers must obey speed limits. If facing speeding charges, seek legal advice to understand the potential consequences and ways to reduce penalties.

Frequently Asked Questions (FAQs)