Traffic Law Legal Hotline Victoria

What is the difference between an infringement fine and a court charge in Victoria?

An infringement (on-the-spot) fine, usually issued under the Road Safety Road Rules 2017, can be paid, contested through nomination or internal review, or referred to the Magistrates' Court if you dispute it. A court charge — drink or drug driving, dangerous driving, driving while disqualified or suspended — requires you to appear before the Magistrates' Court of Victoria and answer the charge, and it can carry conviction, licence loss and imprisonment. The way you respond, and the consequences, are very different, so it pays to know which one you are dealing with.

How do demerit points work in Victoria?

Demerit points are recorded by VicRoads under the Road Safety (Drivers) Regulations 2019 and stay on your record for three years from the date of the offence. A full licence holder who reaches 12 points in any three-year period receives an option notice: accept a minimum three-month suspension, or keep driving on the condition that any further points in the next 12 months bring a longer suspension. Learner and probationary (P1 and P2) drivers face a much stricter 5-point limit within any 12-month period.

What happens at a first drink-driving offence in Victoria?

A first offence commonly brings a fine, a full-licence disqualification (the mandatory minimum is six months for many readings and increases as the reading rises), mandatory completion of a behaviour change program, an alcohol interlock fitted to your car for at least six months, and usually a recorded conviction. The maximum court fine for a first offence is up to about 25 penalty units (roughly $5,000); repeat offending escalates sharply, with much higher fines and possible imprisonment. Because so much of this is mandatory, getting advice before the court date matters.

What is the difference between careless and dangerous driving?

Careless driving under section 65 of the Road Safety Act 1986 carries a maximum of 12 penalty units for a first offence (25 for a subsequent offence) and 3 demerit points, with no mandatory licence loss. Dangerous driving under section 64 is far more serious: up to 240 penalty units and/or two years' imprisonment, with mandatory licence cancellation and a minimum disqualification of six months — 12 months where the driving was at a dangerous speed.

Can I be suspended immediately, before going to court?

Yes. Victoria Police can impose an immediate licence suspension for excessive speeding (45 km/h or more over the limit, or 130 km/h and above) and for high-range or repeat drink or drug driving, on the spot and before any court hearing. That suspension applies straight away, so continuing to drive risks a separate and more serious charge of driving while suspended. You can apply to the Magistrates' Court to appeal an immediate suspension, but the test is demanding.

Which court will hear my traffic matter?

Almost all traffic and driving offences are heard in the Magistrates' Court of Victoria, which also hears appeals against VicRoads licence decisions and police immediate suspensions. The County Court of Victoria hears appeals from the Magistrates' Court (within 28 days) and serious indictable matters such as dangerous or culpable driving causing death or serious injury. The Supreme Court of Victoria deals with the most serious charges and appeals on questions of law.

Can I keep my licence if I plead guilty?

It depends entirely on the offence. For many infringement and careless-driving matters there is no mandatory licence loss, so it may be possible to keep your licence. But for drink and drug driving, dangerous driving and driving while disqualified or suspended, disqualification is mandatory and the magistrate has no discretion to avoid it — though the length and conditions can sometimes be influenced by a well-prepared plea. Always check whether your specific charge carries a mandatory disqualification before deciding how to respond.

What is a finding without conviction and can I get one?

A finding without conviction means the magistrate finds the offence proven but chooses not to record a conviction, under the Sentencing Act 1991. It can protect your record for employment and travel, but it is discretionary — the magistrate must be persuaded, taking into account the nature of the offence, your character and the impact a conviction would have. It is not available for offences that carry a mandatory conviction, and you generally need to put the case for it properly, with material prepared in advance.

I missed the deadline on my infringement notice — what now?

Deadlines on Victorian infringement notices are strict, and letting one pass can mean enforcement action, added costs and eventual referral to Fines Victoria. Depending on the stage, you may still be able to apply for review, nominate another driver, or have the matter heard in court, but the available options narrow over time. Act quickly and get information about which avenue is still open to you rather than ignoring it.

Do I need a lawyer for a minor speeding fine?

Often not. A single low-range speeding fine with a small number of demerit points and no licence consequence can usually be handled without legal representation. But if the fine pushes you toward a demerit suspension, if you are a learner or probationary driver, if you want to dispute it in court, or if losing your licence would cost you your job, it is worth at least getting free legal information first to understand your position before you decide.