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Going to court for traffic offences

Most traffic offences are heard in the Magistrates’ Court. See ‘Going to court’ (link below) for general information about attending courts in Victoria.

See ‘Traffic – frequently asked questions’ (link below) for information about pleading guilty or not guilty, criminal records, prior offences and appealing a court decision if you’re unhappy with it.

Preparing for the hearing

Before going to court, think about what you will say to the magistrate. Below are some of the things you should be prepared to talk about.

The circumstances of the offence

You should describe what happened and try to explain (not excuse) why the offence happened, from your point of view. For example:

  • I was driving in an unfamiliar area.
  • I was feeling upset – for example, something had happened to affect my concentration.
  • I miscalculated the effect drinking would have on my blood alcohol content.
  • I did not see any signs.
  • I had trouble seeing the road – for example, there was bad weather.
  • I was not driving my own car.

Your reaction to the charge

The magistrate will be interested to know if there were any victims of the offence. You should explain your reaction to the charge. For example:

  • I am genuinely sorry for the incident.
  • There were no serious injuries and/or nobody was injured.
  • I have taken care of/paid for all damage.

Your driving record

For example:

  • I have never had to go to court before.
  • I have had no previous accidents.
  • I have had licence for many years.
  • After the accident, I did a defensive driving course.

Reasons for wanting to keep your licence

For example:

  • I need the car to help my family – for example, doing the shopping for the family, picking up the kids.
  • I live far from public transport.
  • I have difficulty in using public transport – for example, doing shiftwork/looking for work/have a disability.
  • I drive for work purposes (you will need a letter from employer).
  • I have a sick child/elderly relative (you will need a doctor’s certificate).

Financial situation/personal details

For example:

  • How much money you earn.
  • Things you have to pay for – for example, mortgage, loans, debts.
  • Family situation – for example, number of people who depend on you.
  • Plans that might be jeopardised by loss of licence/heavy fine.
  • Personal information – for example, age, job.

Supporting documents

It is important to take documents with you to support your case. You can take:

  • a character reference
  • a letter from your employer about the effect of licence cancellation or suspension on your employment
  • a medical certificate.

A sample character reference and employer letter are available in the Road to Court booklet (link below).

More information

Fines

Going to court

Possible outcomes for traffic offences

Traffic – frequently asked questions

Related publications

Road to court

How we can help

Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.

If you have to go to court and have not been able to get legal advice beforehand, our free legal services include lawyers who are on ‘duty’ to help at many courts and tribunals.

To find out more about any of our legal services see What we do.

Who else can help?

Your local community legal centre (CLC) can give you legal information and advice. Most CLC services are free. See the Community Law website (new window) for more information and CLC contact details.

DirectLine (new window) can refer you to drink driving courses throughout Victoria and help with drug and alcohol problems. Call them on 1800 888 236.