Facing A Traffic Charge Or Licence Suspension? Speak To Our Experienced Traffic Lawyers Today
Traffic offences in Victoria are not just fines and demerit points. Depending on the charge, you could be facing mandatory licence suspension, a criminal record, or even imprisonment.
Even when a charge seems minor, having an experienced traffic lawyer represent you can significantly reduce the impact, and in many cases produce a result far better than you might expect.
Traffic Offences We Handle
- Drink driving, at every range
- Drug driving, positive oral fluid test or impairment
- Driving while suspended or disqualified
- Driving unlicensed
- Dangerous driving and careless driving
- Excessive speeding
- Street racing
- Failing to stop for police
- Leaving the scene of an accident
Excessive Speeding And Mandatory Suspensions
Victoria has some of Australia’s harshest speeding penalties. Exceeding certain thresholds triggers a mandatory licence suspension, and the court cannot go below the minimum.
| Speed over the limit | Consequence |
|---|---|
| 25 to less than 35 km/h over | 3 months mandatory suspension |
| 35 to less than 45 km/h over | 6 months mandatory suspension |
| 45 km/h or more over | 12 months mandatory suspension |
| Driving at 130 km/h or more, where the speed over the limit does not already fall into one of the bands above | 3 months mandatory suspension |
That last row catches people out. Travelling at 130 km/h in an 80 zone is 50 km/h over the limit, so it falls into the 12-month band, not the separate three-month category for driving at 130 km/h or more. These suspensions are mandated by the Road Safety Act 1986.
At Risk Of Losing Your Licence?
If you’ve been charged with a driving offence call us immediately, we’re available 24/7
Driving While Suspended Or Disqualified
This is not a traffic infringement. It is a criminal offence heard in the Magistrates’ Court, carrying a fine or up to 2 years’ imprisonment. The court may also impose further licence consequences on top of your existing suspension.
We have defended these charges and reduced penalties for clients who had genuine reasons for driving while suspended. Whether that argument is open to you depends heavily on the circumstances, and we will tell you honestly if it isn’t.
Act Quickly
Getting legal advice early gives your lawyer the best chance of challenging the evidence, negotiating with prosecutors, or making submissions that significantly reduce the penalty.
If your court date is approaching and you don’t yet have a lawyer, call Josh Smith Legal immediately on 03 8658 5872.
Why Choose Josh Smith Legal?
We represent clients facing traffic charges across Victoria every day. Here’s what sets us apart.
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Experienced Traffic Lawyers Across All Victorian Courts
We represent clients facing every type of traffic charge, from drink driving and excessive speeding through to driving while suspended and dangerous driving. We appear in the Magistrates’ Court daily.
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We Know How To Protect Your Licence
Losing your licence affects your livelihood. We focus specifically on minimising the real-world impact: shorter disqualification periods, reduced penalties, and avoiding criminal convictions on your record wherever possible. Our 4.9-star rating from over 200 Google reviews.
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We’re Available When You Need Us Most
24/7, 365 days a year. If your licence has been taken at the roadside, or your court date is days away, you can reach us.
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Free Case Evaluation
Call us and we’ll explain exactly where you stand: what the charge means, what your realistic options are, and how we can help. No legal jargon. No obligation.
Court Date Approaching?
If you’ve been charged with a driving offence call us immediately, we’re available 24/7
Charged With A Traffic Offence? Let Us Help You Get The Best Possible Outcome
A traffic conviction in Victoria can mean losing your licence, your livelihood, and your clean record. The outcome isn’t fixed, but it is heavily influenced by the quality of your legal representation.
We know the courts, we know traffic law in Victoria, and we know how to achieve the best possible outcome, whether that means challenging the charge, minimising the suspension, or keeping your record clean.
Don’t face the Victorian courts alone.
Call 03 8658 5872 for a free initial consultation, we’re available 24/7.
Frequently Asked Questions
Can I challenge a speed camera infringement?
Yes. Camera calibration, positioning errors and operator error are all potential grounds. We can review the evidence and advise whether a challenge is worthwhile in your specific case.
Can a lawyer reduce a mandatory speeding suspension?
The mandatory minimums are fixed by legislation and cannot be reduced below that floor. However, skilled representation ensures no additional penalties are imposed and that the period runs as efficiently as possible.
I was caught driving suspended because of a genuine emergency. Does that help?
Necessity can be raised as a defence or as significant mitigation, and courts do consider the circumstances. This is precisely where representation makes a real difference to the outcome.
What is the difference between a traffic infringement and a criminal traffic charge?
An infringement such as a speeding fine or parking ticket is dealt with administratively. A criminal traffic charge such as drink driving, driving while suspended or dangerous driving is heard in the Magistrates’ Court and can be recorded on your criminal record if you are convicted, subject to the outcome and the spent-conviction rules.
This page is general information about traffic law in Victoria. It is not legal advice and does not take your circumstances into account. Maximum penalties, procedures and time limits change. For advice on your own matter, call 03 8658 5872.
Every case is different and past results do not guarantee a particular outcome.
