Motorists can be charged with a wide variety of traffic offences in Victoria. These range from minor, such as failing to indicate, to major, such as dangerous driving causing death.
The relevant legislation dictates that some traffic offences are 'strict liability offences', such as speeding. For an explanation of strict liability, click here. Basically it means that if you are charged with a strict liability offence, the prosecution do not have to establish that you intended to commit the offence, in this case intentionally drive above the speed limit.
Many traffic offences attract mandatory penalties if you are found guilty, meaning that the Court has no discretion with respect to the minimum penalty it must impose. For example, a finding of guilt for exceeding the prescribed concentration of alcohol whilst driving will generally result in a minimum licence suspension of no less than 6 months.
In some instances, I have advised clients that they are better off saving their money and representing themselves in Court on minor traffic matters, as the outcome may not be materially different with a lawyer acting on their behalf. Serious traffic offences and cases of repeat offending however can result in terms of imprisonment, and should be handled by a criminal law expert.
Call us to discuss your case and we will provide you with an honest assessment and the options available to you.