03 9531 8628

Traffic Criminal

Law

Traffic & Criminal Law

The criminal law in Victoria aims to deter people from committing acts that threaten or harm people or property. We all benefit from reducing crime in society, but the criminal justice system is far from perfect, with the state possessing far more power than the individual. To balance out this disparity, the criminal law places the onus on the prosecution to prove every element of the crime beyond a reasonable doubt. The job of the defence solicitor is to put the prosecution to the test and point out where the state has not been able to meet this high bar.

Drug Offences

In Victoria, the penalty for drug offences depends on the type and amount of drug. The penalty also varies based on whether the drug was for personal use or was being cultivated or trafficked.

The lowest criminal penalties apply to those who use small quantities of the least harmful drugs. So, someone caught smoking cannabis faces a maximum penalty of five units (currently less than a thousand dollars), while someone found using the most dangerous classes of drugs (including cocaine, methamphetamine and heroin) could face up to a year in prison and 30 penalty units (more than five thousand dollars).

The most serious penalties are reserved for cultivating and trafficking the most dangerous drugs in the highest quantities. Trafficking of large commercial quantities of drugs can lead to life imprisonment and fines of nearly a million dollars. A person can also face criminal penalties in connection to misuse of legal, prescription drugs.

Breach of Violence Orders and Family Violence Intervention Order

A Victorian court can order a Personal Safety Intervention Order (PSIO) or Family Violence Intervention Order (FVIO) if someone is assaulted, harassed, threatened, stalked or their property is damaged. A FVIO is appropriate when the person causing the harm is a family member of the victim. The police can request a PSIO or FVIO on behalf of someone who needs protection, or by the person who needs the order.

A PSIO or FVIO is a civil matter and does not result in a criminal record. However, breaching one of these orders is a criminal offence. Someone who breaches an order may be imprisoned, fined, or put on a good behaviour bond. They will also have a criminal record.

Traffic Law

Almost all of us have broken a road rule at some point, and most of us have been fined or lost demerit points. The demerit system acknowledges that the occasional moment of inattention happens to even good and careful drivers. If too many traffic laws are broken over a relatively short period, a driver may lose their licence. Loss of a licence can be very serious, leading not only to inconvenience but also to loss of employment. The courts may make allowances in such cases and reinstate a licence for limited purposes (such as to travel to and from work).

Dangerous Driving

Some traffic offences are particularly serious, and the penalties for these offences exceed a fine or loss of a licence. This is particularly the case with dangerous driving offences, and especially if the driver was under the influence or someone was hurt.

Drink Driving

Drink driving is a criminal offence that occurs when a driver is in control of a vehicle with a blood alcohol concentration (BAC) of more than 0.05%. The prescribed limit is even lower for some drivers, including learners, “P” platers, and taxi drivers, who must have no evidence of alcohol in their blood.

To prove drink driving in court, the state must prove that the accused was driving a motor vehicle and that the alcohol reading was above the prescribed level. The results of a road-side breath test can prove blood alcohol levels, but only if the machine was working properly and the test was properly applied. The test must also have been applied within three hours of driving, as alcohol readings can actually increase with time.

Anti-Hoon Traffic Laws

Victorian law has low tolerance for so-called “hoon” driving, such as drag racing on public streets. If the police reasonably believe that a vehicle has been involved in activities that compromise road safety, they can impound the car for 30 days. If the driver commits other similar offences, their car can be crushed or sold (with the government keeping the proceeds). Someone found guilty of hoon driving can face fines of up to tens of thousands and up to two years in prison.

Being charged with a criminal or traffic offence and going to court might be life changing, so you need to present your best case possible. Gary March appears in various Magistrates’ Courts such as Melbourne, Frankston and Dromana and can represent you at any Court in Victoria. We can guide you through the process, advise you of your rights, get you ready for your court appearance and explain the procedures so you understand what is happening. We will present your case clearly and strongly to give you the best possible outcome.

We cover a range of offences including:

  • Drink driving / careless driving / dangerous driving / hoon offences
  • Assault including common assault, serious assault resulting in injury, stalking, serious assault not resulting in injury
  • Justice procedure offences – breach of violence order, resist or hinder police, breach of bond, suspended sentence, or community service order
  • Theft – shop lifting, receiving or handling proceeds of crime, theft of intellectual property
  • Drug offences – possession, cultivation or dealing in illicit drugs
  • Public Order offences – disorderly conduct, criminal intent, riot and affray, liquor and tobacco offences, offensive language or behaviour, cruelty to animals
  • Fraud offences – obtaining benefit by deception, forgery of documents, dishonest conversion
  • Property damage – graffiti, fire and explosion
  • Prohibited weapons – misuse, unlawfully obtain or possess a prohibited weapon or explosive

We can also help with:

  • Interlock driving programs for habitual drink driving offenders
  • Licence loss: licence disqualification, licence appeals, work licences, driving while disqualified, license suspensions for unpaid fines, restricted licences,
  • Speeding fines, traffic camera offences, traffic violations

If you need assistance, contact one of our lawyers at [email protected] or call 03 9531 8628 for expert legal advice.