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Melbourne Cityscape

VICTORIA OFFENCES

TRAFFIC INFRINGEMENT NOTICES

Traffic Infringement Notices in Victoria may be issued for a range of offences that result in an automatic loss of licence, including speeding, drink driving (1st offence and a B.A.C. under 0.15%) or drug driving (1st offence). These offences result in mandatory minimum licence loss periods if you are guilty of the offence and taking the matter to court if you intend to plead guilty is not going to help you avoid the licence loss.

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It is extremely important you understand what it means to receive a TIN for one of these offences and what your realistic options are before seeking to object to the notice and take the matter to court.

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If you believe you have a case to argue that you were not guilty of the offence (the speed / BAC reading / oral fluid test was incorrect) there may be possible avenues to consider provided there is evidence to support your reasoning.
 

Please carefully read the questions and answers below before getting in touch with us.

The Penalty

Speeding: You will lose your licence for a minimum period of 3-months if caught exceeding the speed limit by 25km/hr or more, 6-months if above 35km/hr and 12-months over 45km/hr.

Drink Driving: The length of suspension will be determined by your B.A.C. reading, licence type, and prior history. Please see our page on drink driving for full details regarding the specific minimum mandatory disqualification periods for the relevant reading that applies to you, however a TIN will only be issued if this is your first offence.

Drug Driving: A first offence traffic infringement notice for drug driving will attract an automatic loss of licence for 6-months.

Can I Defend The Charge?

  • I have received a demerit point offence or a traffic infringement notice stating I must be suspended or disqualified from driving after 28 days. I am guilty of the offence but I need my driver’s licence for work, can I go to court to ask for leniency?
     

    The short answer is no.
     

    • This is one of the most common questions we are asked.

    • A Magistrate has no power or ability to deal with demerit points, so if you have accrued too many (and the number of points have been added up correctly over a three year period by Vicroads) then there is nothing you can do in court to prevent your driver’s licence from being suspended, unless you intend to plead not guilty to the offence.

    • If you have received an infringement notice for drink / drug driving or excessive speed and you are guilty of the offence, again a Magistrate must impose a mandatory minimum suspension in court and objecting to the ticket will only delay the resolution of the matter.

    • In certain circumstances (drink driving offences with a B.A.C. reading of less than 0.07%) you could actually significantly increase the minimum time you must be suspended from driving by taking the matter to court, as a TIN imposes a 3-month suspension for this offence, whereas a Magistrate is mandated to impose a minimum period of 6-months in court. It is extremely important you only object to a drink driving TIN if you believe an error has occurred.

  • Will objecting to the notice allow me to ask the Magistrate in court to reduce the suspension period due to family hardship or other factors (such as good driving history)?
     

    Again the short answer is no.

    • There is no power to reduce mandatory minimum suspensions periods and you should only consider objecting to a TIN if you have grounds to contest the charge.

  • Are there work licences or special restricted licences in Victoria?

     

    No.

    • Special Hardship and/or Work Licences exist in Queensland and NSW has the option to seek a Section 10 to avoid losing your licence for certain eligible offences, but in Victoria this is NOT possible.

    • We get daily questions from potential clients asking how they can keep their driver’s licence because they will either lose their job or have no prior history, but unfortunately this is not relevant and will not change the outcome.

    • If there was a way it could be done everyone would be doing it, but unfortunately there is not.

    • Having considered this, if you believe you have grounds to question the proof of the offence you have been charged with, please contact us.

Melbourne Cityscape

VICTORIA OFFENCES

TRAFFIC INFRINGEMENT NOTICES

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