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Possible outcomes for traffic offences
Police action
Diversion program
Conviction
Impoundment, immobilisation and confiscation of vehicles
Licence loss *
Alcohol interlock
Court fine *
Undertaking *
Community-based order *
Demerit points *
Imprisonment or youth detention
* A penalty or outcome can apply with or without being found guilty.
Police action
The police can choose to let you off with a warning if your offence is fairly minor. A warning means you will not be charged.
You may apply to get a warning if you:
- hold a current drivers licence (including probationary licence but not including a learner drivers permit)
- have not been given a speeding or other traffic fine or official warning within the last two years
- were caught doing less than 10 km/hour over the speed limit
- agree that you were speeding.
The police decide if you will get the warning or not.
Diversion program
If you agree with the police summary, you may be able to go into the diversion program. This is generally for first-time offenders. If you meet your program conditions, you avoid a criminal record. You will still get any demerit points related to the offence.
Conditions include things like apologising to the victim, having counselling or doing an education course or community work.
You, your lawyer, the police, the police prosecutor or the court can ask for diversion, but everyone must agree to it for it to happen.
Diversion is not available for some traffic offences – for example, serious offences like:
- going over the speed limit by 25 km/h or more
- driving under the influence of drugs or alcohol
- refusing alcohol or drug test requirements.
For more information contact a Magistrates’ Court Diversion Co-ordinator or Victoria Legal Aid. See the Magistrates’ Court website for contact details and more information.
Related websites
Magistrates’ Court – Criminal Justice Diversion Program (new window)
Conviction
The magistrate may give you a penalty ‘with’ or ‘without conviction’. An outcome with conviction forms part of your permanent criminal record – your finding of guilt and the conviction will be recorded. Only the finding of guilt will be recorded in an outcome without conviction.
Getting an outcome with conviction 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 will show your conviction and this could mean you don’t get the job or you don’t get the visa.
You usually get an outcome without conviction only if you go to court. The magistrate is most likely to do this for a first offence that is not too serious. If this happens and if, in the future, you are asked specifically if you have had a conviction you can truthfully say ‘No’. This can be tricky though and it just depends on what the employer or visa official (or whoever is asking) wants to know. Remember, you will still have a criminal record. The finding of guilt can also be brought up in court if you get charged with another offence.
Related pages
Going to court for traffic offences
Impoundment, immobilisation and confiscation of vehicles
Your car could be ‘immobilised’ with a wheel clamp or taken from you, possibly permanently, for a range of offences. If your car is ‘impounded’, it means that it is taken away and stored in a secure lock-up for a set amount of time. If your car is ‘confiscated’, it is taken away permanently.
These things may happen to you for dangerous driving or ‘improper use of a motor vehicle’ offences – see ‘Careless & dangerous driving’.
Related pages
Licence loss
Cancellation or suspension by the court
A magistrate can cancel or suspend your licence. If the licence is suspended, you cannot drive for the suspension period. If it is cancelled, you must apply for the licence again once the disqualification ends. Sometimes you must also get permission from the court before you can apply to VicRoads to get your licence back.
If you are found guilty or convicted of certain alcohol, drug, excessive speed or other offences, a magistrate must suspend or cancel your licence.
The suspension or cancellation normally starts from the moment the magistrate tells you the decision in court.
VicRoads will send you a notice that tells you about the suspension or disqualification period. You must return your licence to VicRoads.
If you do not agree with the suspension or disqualification, you can appeal to the County Court. Get legal advice.
Cancellation or suspension by VicRoads
VicRoads can also cancel or suspend your licence for certain offences. You will get a notice about the cancellation or suspension, when it starts and your options.
If you do not agree with the cancellation or suspension, you can ask VicRoads to review its decision or you can appeal to the Magistrates’ Court.
Suspension by the police
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.
Cancellation/suspension and demerit points
If the offence gets enough demerit points to take you over your allowed number of points, you may have to do two non-driving periods because of the same offence. Any demerit point suspension period is put on hold until you complete the court ordered suspension or disqualification period.
Related pages
Alcohol interlock
An alcohol interlock is a breath-testing device that is wired to a car ignition system. If you do not pass the breath test the car will not start. The law about alcohol interlocks can be complicated. The court can order you to have an alcohol interlock fitted to your vehicle. Get legal advice.
If you do not use your interlock properly, you or anyone who helps you might be fined or imprisoned. You need to meet the licence restoration requirements before you can get a court order to be able to get an interlock removed.
Related websites
Arrive alive – alcohol interlock (new window)
Court fine
If you are fined by the court, you can ask to pay in instalments, for time to pay (such as three months) or to do community work instead of paying the fine.
Related pages
Undertaking
The court may decide not to give you any other penalty if you sign an undertaking (a promise to the court) to stay out of trouble. This used to be called a ‘good behaviour bond’.
An undertaking may have conditions – for example, making a payment to the court fund (which is used for charity) or going to a driver education course.
There are serious consequences if you do not keep your promise. You can be brought back to court and re-sentenced.
Community-based order
A community-based order requires you to do things over a set period of time. You must report to a community corrections centre. You may have to do other things like unpaid work at a non-profit community group (such as gardening at a local school), do an education program or get tested or treated for drug or alcohol use.
You can only get a community-based order if you go to court for the offence and agree to obey the community-based order.
Demerit points
See Demerit points
Imprisonment or youth detention
In some cases, especially if it is not your first offence, the court may sentence you to jail or detention. Sentencing options include:
- a suspended sentence (you do not go to jail unless you are convicted of another offence punishable by imprisonment)
- an intensive correction order (similar to a community based order but more strict)
- home detention (you do not go to jail but must spend all your time at home unless you have permission from your corrections officer to go out)
- time in jail or detention in a youth centre (if you are under 21).
Some drug and alcohol offences attract a jail penalty instead of a fine, especially for further offences.
Note: this outcome always carries a conviction.
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.