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Traffic – frequently asked questions
What should I do if I am charged with a traffic offence?
Do I plead guilty or not guilty?
What can I do if my licence is suspended before I go to court?
What if I drive while my licence is cancelled or suspended?
If I am at risk of losing my licence, can I get a work licence?
Can I still drive in Victoria if I hold an interstate licence?
What happens if I get a criminal record?
Are prior offences relevant?
Will Victoria Legal Aid pay for a lawyer to represent me in court?
What if I am unhappy about the court result?
What should I do if I am charged with a traffic offence?
Contact the Victoria Legal Aid Legal Information Service for information on the charges.
Get legal advice before going to court and decide if you will plead guilty or not guilty.
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Do I plead guilty or not guilty?
There may be several things to think about when deciding how you want to plead.
In some cases, the only way to avoid a penalty (such as an alcohol interlock) may be to plead not guilty and win. In other cases you may be prepared to plead guilty if you know you are eligible for the diversion program. See ‘Possible outcomes for traffic offences’.
You may feel pressured to plead guilty. If you plead guilty, the court will find you guilty. You should not plead guilty just to get things over and done with. However, if you plead guilty it can have some benefits. The court treats a guilty plea as a sign that you are co-operating with the justice system. You are likely to get a less severe penalty.
If you plead not guilty and you lose, you may have to pay the legal costs of going to court as well as your lawyer.
In all circumstances, get legal advice.
Related pages
Possible outcomes for traffic offences
What can I do if my licence is suspended before I go to court?
Police have the power to immediately suspend licences in some cases. You may be able to appeal to the Magistrates’ Court against this suspension if there are very special circumstances. Get legal advice.
If it turns out that your licence is cancelled at your court hearing, you will not be allowed to drive for a period of time. This is called a disqualification period. The magistrate generally deducts the length of time you already had your licence suspended for from the disqualification period.
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Going to court for traffic offences
What if I drive while my licence is cancelled or suspended?
It is very important not to drive under any circumstances during this time.
Driving while disqualified (when your licence is cancelled) is an extremely serious offence. You could even go to jail for a first offence.
If I am at risk of losing my licence, can I get a work licence?
No, this is not available in Victoria.
Can I still drive in Victoria if I hold an interstate licence?
If you are disqualified from driving in Victoria, you cannot drive in Victoria on any licence.
What happens if I get a criminal record?
Your court result (guilty/not guilty, any penalties, outcomes, convictions) is recorded by the court and the police. This is called a criminal record.
If you have been to court before, the police may tell the magistrate about your criminal record when you go to court this time.
In some circumstances, the court can choose not to record the ‘conviction’ when it finds you guilty. The court and police will still record the ‘finding of guilt’.
Getting a criminal record is very serious. It can affect you in the future. You may be asked about your criminal record by an employer or for some visa applications. If you have a record, it could mean you don’t get the job or you don’t get the visa.
Some traffic offences may be able to be diverted out of the court system. See ‘Diversion program’ under ‘Possible outcomes for traffic offences’.
Related pages
Possible outcomes for traffic offences
Are prior offences relevant?
Prior offences (including on-the-spot fines) are relevant. They can be brought to the magistrate’s attention, who will take them into account.
If you committed a similar offence before, you will usually get a harsher penalty than a first-time offender.
Prior offences in other states, especially drink driving offences, will usually be brought up in court if known by police.
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Will Victoria Legal Aid pay for a lawyer to represent me in court?
You can ask your nearest Victoria Legal Aid (VLA) office if they can give you advice. See ‘Locate us’ for contact details.
It is unlikely that VLA will fund a lawyer to help you with a traffic offence unless there is a danger of a jail sentence. Money may be available if you are unable to represent yourself because of a disability, or other special circumstances.
In some cases, a duty lawyer at court may be able to help you on the day of your hearing. You will need to check this on the day.
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What if I am unhappy about the court result?
You may be able to appeal to the County Court against a Magistrates’ Court decision.
There may be several months delay before your appeal is heard.
If your case was dealt with in your absence, you may be able to have it re-heard. Get legal advice.
If your licence was cancelled or suspended and you want to drive while waiting for the appeal or re-hearing, you must ask the magistrate for permission.