If you have been charged with a driving offence in Victoria, the consequences can reach much further than a fine. Your licence, your job, your insurance and in serious cases your liberty can all be on the line. Our Melbourne traffic lawyers have defended drivers in Victorian courts since 1994, and we know how to protect your licence and your record.
Driving offences we defend
McNally & Gleeson Lawyers act for clients charged with the full range of driving and traffic offences under the Road Safety Act 1986 (Vic), including:
- Drink driving, including exceeding the prescribed concentration of alcohol (PCA), refusing a breath test and driving under the influence. See our dedicated drink driving lawyers page.
- Drug driving, including driving with an illicit substance present in saliva or blood and driving while impaired by drugs.
- Careless driving and dangerous driving, including dangerous driving causing death or serious injury.
- Driving while suspended or disqualified and unlicensed driving.
- Excessive speed charges and loss of licence through demerit points.
- Failing to stop or failing to render assistance after an accident.
What penalties can apply?
Penalties for driving offences in Victoria range from fines and demerit points through to licence disqualification, alcohol interlock conditions, community correction orders and, for the most serious offences, imprisonment. Many alcohol and drug driving offences carry mandatory minimum licence disqualification periods that a magistrate cannot reduce, which is why the way your charge is framed and negotiated matters so much.
A conviction for a driving offence can also affect your employment, your visa status and your insurance. For professional drivers, the stakes are even higher: losing a licence often means losing a livelihood. Courts can take work and family circumstances into account, and well-prepared submissions can make a genuine difference to the outcome.
How the court process works
Most driving offences are heard in the Magistrates’ Court of Victoria. Some matters begin with an infringement notice that can be challenged and taken to court, while more serious charges proceed by way of summons or arrest. Serious matters such as dangerous driving causing death are indictable offences and can be heard in the County Court.
Before your first court date, we obtain and review the full brief of evidence, including breath or blood analysis certificates, collision reports and any camera footage. We then advise you whether to contest the charge, negotiate with police prosecutors to have it downgraded or withdrawn, or prepare a strong plea in mitigation to minimise the penalty.
Possible defences
Whether a defence is available depends on the charge and the evidence. Depending on your circumstances, we may challenge:
- the accuracy or admissibility of breath, blood or oral fluid testing procedures;
- whether you were actually the driver, or whether you were “in charge” of the vehicle at law;
- the lawfulness of the police interception and testing process;
- whether your driving was in fact careless or dangerous by the legal standard, rather than a momentary lapse; and
- honest and reasonable mistake in limited circumstances.
Even where the charge cannot be defended, the difference between a well-prepared plea and an unprepared one is often the difference between keeping and losing your licence.
Why choose McNally & Gleeson Lawyers
We are a specialist criminal and traffic law firm, not a general practice. Our team appears in Victorian courts every week, our principal is a Law Institute of Victoria Accredited Specialist in Criminal Law, and we have defended drivers across Melbourne and regional Victoria for more than 30 years. We are available 24 hours a day on (03) 9670 3633, because charges and accidents do not keep business hours.
What to do now
Do not plead guilty by paying a fine or walking into court unrepresented before getting advice. Some offences that look minor carry mandatory disqualification, and some that look hopeless can be defended.
- Write down everything you remember about the incident while it is fresh.
- Keep any paperwork the police gave you, including infringement notices and charge sheets.
- Contact us for advice before your first court date. The earlier we are involved, the more options you have.
You can also read about our related services, including bail applications, the diversion program and appeals, or learn more about our criminal defence lawyers in Melbourne.
Common questions about driving offences
Will I lose my licence for a first offence?
It depends on the charge. Some offences, including most drink and drug driving charges, carry mandatory minimum disqualification periods even for a first offence. Others, such as careless driving, give the court a discretion. We will tell you before court which category you are in and what can realistically be achieved.
Can I get a work licence in Victoria?
No. Unlike some other states, Victoria has no general “work licence” that lets you keep driving for employment during a disqualification. That makes the contest over whether and how long you are disqualified all the more important, and it is why preparation matters.
Should I just pay the infringement notice?
Paying an infringement is an admission, and for some offences it triggers automatic licence consequences. If there is any doubt, get advice before paying, because electing to take a matter to court can sometimes produce a better outcome, and sometimes a worse one.
Does a driving offence give me a criminal record?
Court-determined driving matters can result in a recorded finding that appears on a police check. Whether a conviction is recorded is often something the court can be persuaded about, and it can matter greatly for employment and travel.
