The 6 Most Common Traffic Offences – Legal Advice Just Might Save Your Job!

Whether it be drug driving, drink driving, driving suspended, careless driving or any other driving matter, we provide advice and representation aimed at achieving the best results for our clients. Engaging Nardi Lawyers can be the difference between keeping your licence or losing your licence – and by extension, keeping your job or losing your job.

*The below information relates to Victorian matters only.

Drink Driving

Drink driving carries not only minimum mandatory loss of licence (can be extended at discretion of the Magistrate), but also strict conditions on relicencing, such as completing a drink driving course, applying to VicRoads for relicencing and installing an alcohol interlocker device. See the table below for minimum licence loss periods.

Not only can the Magistrate order a greater period of cancellation than the minimum, but they also have discretion to record a conviction against your name.

Early legal advice is critical.

Drug Driving

As with drink driving, this charge carries mandatory loss of licence, the length of which will depend on your history and whether or not alcohol was also found in your system.

Unlike drink driving, you will need to apply to the court for relicencing.

Careless Driving

This charge does not carry a mandatory loss of licence provision, however, the Magistrate has discretion to suspend your licence. This charge is often relevant where an accident has occurred and it may be laid with other charges.

This charge is incredibly common – because it does not have a mandatory loss of licence period, you may be able to apply for Diversion, and if successful, avoid a finding of guilt and avoid a conviction. Read our article on Diversion under the ‘Blog’ heading.

Speeding

This charge can also carry mandatory loss of licence provisions, depending on how far over the speed you were travelling. See the table below for the minimum licence loss periods.

Driving Whilst Suspended

This charge applies to situations where you are driving when your licence has been suspended by either the court, police, VicRoads or the sheriff.

Often this charge relates to a situation where the court has cancelled/suspended a licence and the person has continued to drive – defiance of a court order can incur a severe penalty and legal advice is essential.

Unlicensed Driving

This charge relates to driving where you do not have a licence or permit. It may also apply where you have moved to Victoria from interstate, but have failed to obtain a Victorian licence within 3 months.

Drink Driving – Minimum Loss of Licence Periods

Blood Alcohol ConcentrationFirst Offence – Minimum loss of licence periodSubsequent Offence – Minimum loss of licence period
0.05% but less than 0.07%3 months on an infringement notice
or 6 months at court
12 months
0.07% but less than 0.08%6 months14 months
0.08 but less than 0.09%6 months16 months
0.09% but less than 0.10%6 months18 months
0.10% but less than 0.11%10 months20 months
0.11% but less than 0.12%11 months22 months
0.12% but less than 0.13%12 months24 months
0.13% but less than 0.14%13 months26 months
0.14% but less than 0.15%14 months28 months
0.15% but less than 0.16%15 months30 months
0.16% but less than 0.17%16 months32 months
0.17% but less than 0.18%17 months34 months
0.18% but less than 0.19%18 months36 months
0.19% but less than 0.20%19 months38 months
0.20% but less than 0.21%20 months40 months
0.21% but less than 0.22%21 months42 months
0.22% but less than 0.23%22 months44 months
0.23% but less than 0.24%23 months46 months
0.24% or more24 months48 months

Exceeding Speed Limit – Automatic Suspensions – except heavy vehicles

Exceed Speed AmountAutomatic Suspension Period
25 km/h – 34 km/h3 months
35 km/h – 44 km/h6 months
45 km/h or more12 months
20 km/h – 24 km/h (in a 110 km/h zone only)3 months

Michael Nardi

Director/Principal Lawyer

0491 626 283