ALLEGATIONS:

A vehicle registered to our client was captured on a mobile digital speed camera, travelling at an alleged speed of 137 in an 80km speed zone after midnight.

He received an excessive speed traffic infringement notice carrying a fine of $826 and a 12 month licence suspension (due to the alleged speed being 45km or more over the speed limit).  The licence suspension would take effect as a conviction and result in the cancellation or suspension of his licence permit unless a notice of objection or nomination statement was received within 28 days.

Our client’s driver’s licence was essential to his livelihood. He relied on it not just to commute to work, but to travel to job sites across Victoria, often in the early hours of the morning, with tools and equipment that couldn’t be transported by taxi or public transport. Losing his licence would have meant losing his ability to work and losing his business.

He also had personal responsibilities that made driving crucial: regular medical appointments due to health issues, and commitments to his children. Keeping his licence wasn’t just important, it was vital.

After receiving legal advice from our traffic offence lawyers, he objected to the excessive speed infringement notice and elected to have the matter determined in court.

CHARGES:

Our client received a charge and summons for 1 charge of:

• Exceed speed limit by 45km or more (Road Rule 20(3) Road Safety Road Rules (Vic) 2017 – max penalty 20 penalty units for an individual; and a mandatory minimum 12 month licence suspension)

OUTCOME:

After receiving a speeding infringement notice, our client promptly exercised his right to challenge it within the 28-day deadline. This action paused any licence suspension while the matter progressed through the legal system.

Our team carefully reviewed the brief of evidence and because our Melbourne traffic offence lawyers are always on top of the most recent legal changes, we determined that our client had a technical legal argument that could form the basis of a defence for his case. His first court date was scheduled 10 months after the alleged offence, and the entire process from receiving the summons to final resolution, took over a year. During this time, he was able to continue driving, working, and earn a living to support his family without interruption.

Offers were made to the prosecution to withdraw the charge, however the matter ultimately proceeded to a contested hearing. The result? The prosecution withdrew the charge.

We also successfully applied for legal costs, meaning the police were ordered to pay a portion of our client’s legal fees.

End Result:

• No licence suspension
• No fine
• No conviction
• Legal costs awarded

Our client was able to continue working throughout the entire process, and his record remains clear. He was extremely relieved and grateful for the outcome, and we were proud to help him protect what mattered most.

ALLEGATIONS:

Our client, a self-employed truck driver, was pulled over by police while driving his prime mover, for a routine roadside breath test and drug test. He had a zero alcohol reading but tested positive for methamphetamines during the oral drug test.  He requested a blood sample be taken and this was completed within 3 hours of driving. The result of this test also came back positive for methamphetamines.

He received a charge and summons in the mail to attend court 3 months after the alleged offence and immediately sought legal advice from our Melbourne Traffic Lawyers. As this was not his first offence, he was facing 12 months licence disqualification if he either pleaded guilty or was found guilty, something which would have a significant impact on him given he was a self-employed truck driver.

CHARGES:

Our client was charged with:

• Drive motor vehicle while prescribed concentration of drugs was present in oral fluid (section 49(1)(bb) Road Safety Act (Vic) 1986 – max penalty for a subsequent offence: 60 penalty units plus mandatory 12 month licence disqualification.
• Within 3 hours drive motor vehicle while prescribed illicit drug present (blood) (section 49(1)(i) Road Safety Act (Vic) 1986 – max penalty for a subsequent offence: 60 penalty units plus mandatory 12 month licence disqualification.

OUTCOME:

Immediately upon receiving the charge and summons, our client made an appointment with our traffic lawyers.  Our experienced traffic offence lawyers promptly conducted a thorough review of the police brief where every aspect of the prosecution’s case was meticulously examined, with particular attention paid to identifying any legal inconsistencies or technical defences.

The matter proceeded to a contested hearing in the Magistrates’ Court, where strategic legal submissions were made challenging the validity of the charges. Following persistent negotiations and advocacy, the prosecution ultimately withdrew the charge before the hearing concluded, resulting in a successful outcome for our client.

End Result:

• He was able to drive throughout the entire legal process meaning that he could continue to work, earn an income and support his family.
• No licence disqualification
• No fine
• No conviction

This outcome was life-changing for our client. As a self-employed truck driver, his licence was not just a legal requirement, it was his livelihood. Losing it would have meant losing his business, his income, and his independence. By securing the withdrawal of the charge, we helped protect his career and his future.

ALLEGATIONS:

Our client was observed by witnesses, driving erratically, failing to stop at a red light and colliding her vehicle with multiple parked cars, causing damage.  Witnesses who observed the erratic driving, followed our client and reported the incident to police.  The vehicle came to a stop after colliding with a gutter and when police arrived, she was observed in the driver’s seat.  The entire incident was captured on dashcam footage.  She was assessed by paramedics at the scene as there were concerns regarding her demeanour and consciousness, and was taken to hospital for observation where a blood sample was taken, confirming high alcohol levels with a reading of 0.326.  The legal BAC is below .05.  This was an extremely high reading.

CHARGES:

Our client was charged with11 offences in total:

• Exceed prescribed concentration of alcohol (Drink driving) 0.326 (section 49(1)(b) Road Safety Act (Vic) 1986 – max penalty maximum fine of 20 penalty units plus minimum mandatory licence disqualification of 2 years)
• Within 3 hours drive vehicle while prescribed concentration of alcohol present (0.326)  (section 49(1)(g) Road Safety Act (Vic) 1986 – max penalty maximum fine of 20 penalty units plus minimum mandatory licence disqualification of 2 years)
• Drive under the influence incapable of having proper control (Section 49(1)(a) of the Road Safety Act 1986 (Vic) – For a first offence a maximum fine of 25 penalty units or 3 months imprisonment or both).
• 3x Fail to stop after an accident (Section 61(1)(a) of the Road Safety Act 1986 (Vic) – if no one is killed and it’s first offence: maximum of 5 penalty units or 14 days imprisonment
• 3x Fail to stop/exchange details (section 61(1)(c) of the Road Safety Act 1986 (Vic) – if no one is killed and it’s first offence: maximum of 5 penalty units or 14 days imprisonment)
• Fail to stop at red light (RR 59(1) Road Safety Road Rules 2017. Maximum penalty, 10 penalty units
• Careless driving (Section 65 Road Safety Act 1986 (Vic). Maximum penalty for a first offence: 6 penalty units.

OUTCOME:

When our client first approached us, she was overwhelmed, fearful and convinced that a jail sentence was inevitable. She had been navigating an incredibly difficult period in her life, including the aftermath of family violence and complex family court proceedings involving property and financial disputes.

Our experienced traffic lawyers conducted a meticulous review of the police brief, including dashcam footage and all supporting evidence. After careful consideration, we advised that the most strategic path forward would be to negotiate with the prosecution rather than contest the charges in court, provided we could secure a fair and appropriate resolution.

We guided our client through every step of the process, helping her gather strong supporting material such as character references, evidence of ongoing counselling, and other relevant documentation. Our comprehensive preparation and analysis of the brief, allowed us to present persuasive and well-structured submissions to the prosecution.

As a result, we successfully negotiated the withdrawal of 9 out of the 11 charges.

Our client entered a plea of guilty to only two charges: driving under the influence and failing to stop after an accident.

In court, we presented detailed submissions outlining both the context of the offending and our client’s personal circumstances. Thanks to the strength of the material we submitted and our advocacy, the Magistrate imposed only the mandatory minimum licence disqualification period of two years, backdated by nine months due to the notice of immediate suspension she was served with at the time of charge, and a total fine of $1,500 without conviction.

This meant our client had just 15 months remaining on her disqualification and avoided any further time off the road. Given the seriousness of the incident and risk posed to the community, including a high level of intoxication and damage to three parked vehicles, this was an exceptionally favourable outcome.

Most importantly, our client was deeply relieved. What began as a terrifying prospect of imprisonment and separation from her children ended with a renewed sense of hope and stability. With the right legal support, she was able to move forward with confidence and dignity.

ALLEGATIONS:

After accumulating more than 12 demerit points within a 3 year period, our client was given the option by VicRoads to have his licence suspended, or alternatively he could choose the option of being on 1 point for 12 months (also known as the “golden point”), he elected the golden point.   About 7 months into his golden point, he breached it by committing a traffic offence of driving the wrong way.  As a result of breaching his golden point, his licence was suspended by VicRoads for a period of 24 months.

During the period of the 24 month licence suspension, our client was caught driving whilst suspended on 6 different occasions over a period of several months.  He was also, on one of those occasions, driving an unregistered and unroadworthy vehicle.   He made admissions to the police of knowing he was suspended.  The client came to us with 6 separate briefs.

He had 6 prior convictions for driving whilst suspended.

CHARGES:

Our client was charged with:

• 6 x Driving whilst suspended (section 30(1) Road Safety Act (VIC) 1986.   Max penalty 240 penalty units or imprisonment for 2 years.  Licence suspension discretionary).
• Drive unroadworthy vehicle (rr254(1) Road Safety (vehicle) Interim Regulations (Vic) – max penalty 5 penalty units
• Drive unregistered vehicle (section 7 Road Safety Act (Vic) 1986. Max penalty 25 penalty units for a first offence

OUTCOME:

When our client approached us, he was facing  6 separate offences of driving whilst suspended, driving an unroadworthy vehicle, and driving an unregistered vehicle. With a notable prior history of similar offences, the stakes were high, he risked further licence suspension, a potential Community Corrections Order, or even imprisonment.

Our experienced traffic lawyers immediately got to work, meticulously reviewing each brief to identify any legal or procedural flaws. Through our detailed analysis, we discovered that one of the briefs was technically invalid. As a result, we successfully had that charge withdrawn, reducing the number of active matters to five.

Understanding the gravity of the remaining charges, we guided our client through the process, preparing him thoroughly for the plea hearing. We advised on the supporting documentation and crafted a compelling narrative around his personal circumstances, including his role as a self-employed tiler and his imminent eligibility to regain his licence through VicRoads.

At the plea hearing, our legal team delivered persuasive submissions emphasising our client’s genuine need for a licence to maintain his livelihood; the context and timing of the offences and his overall personal situation and prospects for rehabilitation.

Despite the client having 11 total offences for driving whilst suspended (including the six prior convictions for the same type of offending), the Magistrate was convinced by our submissions. The Court:

• Did not impose a Community Corrections Order or imprisonment.
• Issued a $2,000 fine for four of the driving whilst suspended charges.
• Found the fifth driving whilst suspended charge and the unregistered vehicle charge proven and dismissed under Section 76 of the Sentencing Act.
• The sixth driving whilst suspended charge was withdrawn by prosecution before the hearing.

Most importantly, the Magistrate chose not to interfere with the client’s licence, allowing him to be relicensed the very next day when the VicRoads licence suspension period was due to expire.

This case is a testament to the power of expert legal representation, strategic thinking, and thorough preparation. Our client walked away with:

• No further licence suspension
• No jail time
• No community service
• A manageable fine
• The ability to resume driving the next day