Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.

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Going to court for traffic offences

Find out what to do if you have to go to court for a traffic offence.

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Being at court for traffic offences is serious. As well as the possibility of losing your licence, you can get a criminal record and serious penalties, so get legal help as soon as possible.

Most traffic offences are heard in the Magistrates’ Court. You can find out about court processes by visiting our Going to court page or accessing the Magistrates’ Court of Victoria's Going to court brochure.

Speak to a lawyer before going to court

It is always a good idea to speak to a lawyer before your court date, if you can. We have duty lawyers at court who may be able to help.

A lawyer will help you understand your case and what your options are. You can get legal advice about:

Even if you want to plead guilty, seeing a lawyer can help you present a better case. Visit Other support for traffic offences.

Going to court

Going to court for a traffic offence means you are facing a criminal charge. Find out about the Possible outcomes for traffic offences.

You can visit Going to court for a criminal charge to find out more information about court processes including

Prepare for the hearing

Going to court can be stressful or make you nervous.

It's a good idea to familiarise yourself with the court by visiting before your hearing, and prepare before court.

You should also understand how to dress and behave.

For general tips visit:

What you to say in court about a traffic offence

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

To help you prepare, Going to court – what to do and say in court also provides more general questions to consider. It also has a printable form to take into court as you won't be able to use your phone in court.

The circumstances of the traffic 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 that drinking would have on my blood alcohol content.
  • I did not see any road 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

You should explain your reaction to the charge.

For example you might say:

  • 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 you might want to comment on your good driving experience or behaviour and say:

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

Reasons for wanting to keep your licence

To explain that you need to keep your licence you could say:

  • 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 late shifts/looking for work/have a disability.
  • I drive for work purposes (you will need a letter from your employer).
  • I have a sick child/elderly relative (you will need a doctor’s certificate).

Other information to prepare

You may also want to talk about the following:

  • the importance if not getting a criminal record
  • your financial situation
  • your personal and family situation

Details about these issues can be found on the page Going to court – what to do and say in court.

Supporting documents

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

You can take:

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