Common Traffic Offences in Melbourne
It’s no secret that hundreds of traffic offences are committed everyday by Australian drivers and that throughout anyone’s driving career they are likely to pick up their fair share of fines as a result. In many instances, such as speeding and drink driving, the consequences can be very serious.
In these circumstances it may be a good idea to hire a traffic lawyer in Melbourne to help with the case and attempt to lower the penalty or at least receive a fair one.
The most common traffic offences committed in Victoria each year fall into the categories of speeding and drink driving. Both of these can incur a hefty fine and often a loss of licence. Hiring a traffic lawyer can help to reduce the penalties and get the offender back on the road as soon as possible.
The majority of speeding offences are low range and do not incur any penalty beyond a monetary fine. However, there are a few instances where an attorney will be required due to the extreme nature of the speeding offence – that is mid to high range speeding offences.
Speeding offences in this range vary based on the speed with which the driver was going. For speeding offences in the;
- 25km/h to 35km/h range, they incur a minimum of 1 month licence suspension and a fine including a loss of demerit points
- 35km/h to 45km/h range there is a minimum 6 month licence suspension as well as a fine
- 45km/h and over range, the driver’s licence will be suspended for a minimum of 12 months
In all of these cases, hiring a traffic lawyer in Melbourne is sure to help the driver receive the minimum suspension. Should the driver not choose to hire an attorney, they risk receiving a greater fine.
Drink and Drug Driving
There are a many level and categories that these offences can fall under depending on the level and combination of the substances as well as the attitude and behaviour of the driver involved.
Driving under the influence
Driving under the influence does not always incur a fine but is still one of the most common occurrences in drivers in Victoria. Many drivers will be under the legal limit of 0.05% blood alcohol and do not receive any fine.
However, given how easy it is to slip over the legal limit when drinking, many drivers end up over the limit and receive a fine and sometimes a loss of licence.
Driving under the influence of illicit drugs, at any level, is illegal and should prescription or over-the-counter drugs influence one’s ability to drive, they may also incur a fine.
Driving with a BAC over 0.05
The Blood Alcohol Concentration for learner and probationary licence holders is zero. For full licence holders, it must be under 0.05%.
For leaner and probationary licence holders, should they be found to be driving under the influence of alcohol, their licence will be suspended for a given period determined by the court. For Full licence holders the penalties received are determined by the level at which they exceed the legal limit;
- For drivers who have a reading between 0.05 and 0.06, they do not have their licence automatically suspended, subject to past offences and those under the age of 26.
- If the driver blows a reading over 0.07 but under 0.10, should they be a full licence holder, they are subject to suspension based on previous offences. Should they have no previous offences, they are likely only to incur a fine and a loss of demerit points.
- In the case of a driver blowing a BAC over 0.10, they will have their licence suspended immediately.
The duration of the licence suspension and the restoration process once the suspension is over is dependent on the court hearing and the length of suspension. Hiring a traffic lawyer Melbourne will aid in receiving the smallest sentence possible and therefore being back on the road faster.
If the driver has had any previous history of traffic offences it is recommended that they utilise the same attorney for repeat offences.
Refusing breath or blood tests
Any instance when a driver refuses to submit themselves to a breath or blood test requested by police is subject to a licence suspension. This involves;
- Refusal to undergo a preliminary breath test
- Refusal or failure to stop and remain stationary during a roadside breath test
- Refusal to undergo a blood test in hospital following a motor vehicle accident
Should the driver refuse any of the above, they are up for a licence suspension of 2 years. There are also large fines involved and in extreme cases can be imprisoned. Should any of this happen to a driver, hiring a traffic lawyer will enable them to get the fairest penalty possible and reduce any licence suspension or jail time.
In most cases, drivers do not receive more than a fine for traffic offences are the majority are classified as ‘low-level offences’. However, in the instances of greater consequences when a court hearing is required and the loss of licence and jail time are legitimate possibilities, hiring a traffic lawyer is very beneficial.