VIC
In Victoria, traffic law offences are most commonly dealt with by the Magistrates’ Court. Traffic offences can be very serious and it is not uncommon for these offences to attract sentences of imprisonment.
Courts in Victoria have a greater discretion in determining disqualification periods of a licence that courts in other states. Very few traffic matters carry automatic disqualification periods in Victoria. In certain cases, the court can also order VicRoads to cancel an offender’s licence and disqualify the, from obtaining a licence for a further period of time.
This section of the site contains information about different types of traffic matters and the penalties that may be incurred.
Being charged with a drink driving offence can be a traumatic experience. Victoria’s drink driving laws are complex and for many people it is their first taste of the criminal justice system and they have no idea of what is likely to occur.
Some drink driving offences can be dealt with by an on-the-spot infringement notice, while many must go to court. This section contains articles written by traffic lawyers about the different types of drink driving offences.
In Victoria, the maximum penalty for careless driving is a fine of up to 12 penalty units for a first offence and a fine of up to 25 penalty units for a second or subsequent offence. The offence of careless criving is contained in section 65 of the Road Safety Act 1986 which states: “A person who drives a motor vehicle on a highway carelessly is guilty of an offence.”
There are three dangerous driving offences in Victoria. The offences are governed by the Road Safety Act 1986 and the Crimes Act 1958. These offences may be finalised in the Magistrates Court or in the County Court, depending on the charge and on the surrounding circumstances. They can result in significant penalties including imprisonment and mandatory disqualification periods.
Some driving offences can result in your vehicle being impounded, immobilised or forfeited. These offences are known colloquially as “hoon” driving offences and are governed by Part 6A of the Road Safety Act 1986.
In Victoria, the maximum penalty for culpable driving causing death is 20 years’ imprisonment or a fine of up to 2400 penalty units (or both). A charge of culpable driving causing death will ordinarily result in a custodial sentence with a period of time spent in jail, though this is not inevitable.
At Armstrong Legal, we have a team of lawyers that practises exclusively in criminal and traffic law. In Victoria, there is a wide range of sentencing options available to a magistrate for traffic offences which includes fines, community-based orders and imprisonment.