What Does a Traffic Lawyer Really Do? A Complete Guide for Melbourne Drivers

Navigating the complexities of Victorian traffic law can be a daunting experience. One minute you're driving, the next you're holding a ticket or facing a serious charge that could impact your job, your family, and your freedom. You might be asking yourself, "Do I just pay the fine?" or "Is it worth fighting this?"

This is where a specialist traffic lawyer comes in.

But what does a traffic lawyer actually do beyond just showing up to court? The answer is: a lot. Our role is to be your guide, your advocate, and your strategic advisor through every step of the legal process. We delve deep into the specifics of your case, looking for every possible angle to achieve the best outcome for you.

This guide will break down exactly how we help Melbourne drivers with the most common traffic offences. We'll go beyond the simple definitions and show you the practical, real-world steps we take to defend our clients.

Topics Discussed

1. Defence Against Speeding Tickets: More Than Just Paying the Fine

2. Legal Assistance for DUI Charges: Your Guide Through a Complex Process

3. Representation for Reckless Driving: Protecting You from Serious Penalties

4. Frequently Asked Questions (FAQ)

Defence Against Speeding Tickets in Melbourne: More Than Just Paying the Fine

Receiving an infringement notice such as a speeding ticket can feel like a straightforward issue: you pay the fine, accept the demerit points, and move on. However, for many drivers—especially those who rely on their license for work or who are already close to their demerit point limit—it's not that simple.

Going Beyond the Obvious Answer:

Paying the fine is accepting responsibility for the conduct associated with the infringement. Before you do that, it's crucial to understand if the related charge is valid and what your options are. Our first step is to scrutinise the evidence. We don't just take the infringement notice at face value.

Our Step-by-Step Investigation Process:

• Scrutinise the Device: Was the speed detection device (laser, radar, or camera) calibrated correctly? We request and review the device's maintenance and calibration certificates. An out-of-date or faulty device may be grounds for a challenge.

• Analyse the Conditions: Was the weather poor? Was the road signage clear and unobstructed? Was the traffic heavy? We look at all environmental factors that could have influenced the reading or your driving.

• Identify the Vehicle: In photos from mobile or fixed speed cameras, we ensure your vehicle was correctly identified. Cases of mistaken identity, though rare, can happen.

• Assess the Officer's Conduct: For mobile infringements, we assess whether the police officer operated the device according to strict legal procedures.

Actionable Advice: If you receive a fine, don't ignore it. Write down everything you remember about the situation immediately: where you were, the time of day, the weather, and the traffic. Take your own photos of the location, particularly of the road signs. This information can be invaluable later.

Legal Assistance for Driving under the influence (DUI) Charges in Melbourne: Your Guide Through a Complex Process

A Drink Driving or Drug Driving charge is one of the most serious traffic offences. The consequences go far beyond a fine, often involving mandatory license disqualification and, in some cases, imprisonment. The process is technical and unforgiving, and a small mistake can have a lasting impact.

Anticipating Your Follow-Up Questions:

• "What happens if I refuse a breath test?" Refusing a preliminary or evidentiary breath test is a separate, serious offence, often carrying penalties as severe as a high-range drink drive. However, we would examine the police procedure to ensure the request was made lawfully.

• "Is there any way to avoid a license disqualification?" For most drink or drug drive offences in Victoria, a period of license disqualification is mandatory. Our goal is to ensure you receive the minimum possible disqualification period and avoid more severe penalties like imprisonment or a criminal conviction being recorded.

• "What's the difference between a breath test on the roadside and at the station?" The roadside test is a preliminary screening. The reading from the evidentiary breath analysis instrument at the police station (or a blood/urine sample) is what is used as evidence in court.

How We Build Your Defence:

From our experience, successful defences often hinge on the technical details. We analyse every step of the procedure, from the moment you were pulled over to the final sample analysis.

• Did the police have a valid reason to pull you over?

• Did they follow the prescribed 15-minute observation period before the evidentiary test?

• Was the testing equipment functioning correctly?

• Were you properly advised of your rights?

Actionable Advice: If you are pulled over for a breath test, be cooperative but say as little as possible. You are required to state your name and address. You are not required to answer questions about where you were going, where you came from, or what you have had to drink. Contact a lawyer as soon as you are able.

Representation for Reckless Driving Charges

Charges like "Reckless Driving" or "Dangerous Driving" are serious. Unlike a simple speeding ticket, these charges imply that your driving behaviour posed a significant danger to the public. A conviction can lead to a criminal record, substantial license loss, and even jail time.

Demonstrating First-Hand Experience:

We recently handled a case where a young driver was charged with dangerous driving after swerving to avoid a kangaroo at night. The prosecution initially saw it as an act of recklessness. By gathering evidence, including witness statements and data on wildlife collisions in that specific area, we were able to demonstrate that our client's actions were a reasonable, reflexive response to an unexpected hazard, not a deliberate disregard for safety. The charge was ultimately withdrawn.

This is what we do: we find the story and the context behind the charge.

What We Investigate:

• Intent vs. Accident: Was your action a deliberate and dangerous choice, or was it a momentary lapse in judgment or a reaction to an unforeseen event? This is the core of the defence.

• Witness Testimony: We seek out and interview witnesses who saw what happened.

• Expert Reports: In complex cases, we may engage an accident reconstruction expert to analyse the physics of the incident and provide a report that supports your version of events.

Offering Actionable, Practical Advice:

This is where skilled negotiation and persuasive advocacy in the courtroom come into play.

• Charge Negotiation: In some cases, we can negotiate with the prosecution to have a more serious charge withdrawn in exchange for a plea of guilty to a lesser charge. For example, negotiating a "Dangerous Driving" charge down to "Careless Driving" can be the difference between keeping your license and a long disqualification.

• Plea in Mitigation: If you plead guilty, we present a "plea in mitigation" to the Magistrate on your behalf. This is a formal submission designed to secure the most lenient penalty possible. We highlight factors such as:

  • Your prior good driving record.

  • The circumstances of the offense.

  • Your personal character and community involvement.

  • Any steps you have taken since the offense, such as completing a safe driving course.

  • The impact the penalty will have on your life and your family.

The "So What?" Factor: A well-presented plea can lead to a smaller fine, a shorter license suspension, or avoiding a conviction being recorded altogether, which can be critical for your future employment and travel prospects.

Frequently Asked Questions (FAQ)

Q: I have a clean record. Will the Magistrate take that into account?

A: Absolutely. A good driving history and prior good character are significant factors a Magistrate will consider during sentencing. We make sure to emphasise this as part of your plea.

Q: I think the speed camera was wrong. Can I really challenge it?

A: Yes, but it requires a technical defence. You need to present evidence that raises a reasonable doubt about the accuracy of the device. We can advise you on the prospects of success after reviewing the specific evidence in your case.

Q: Is it worth getting a lawyer for a minor traffic offence?

A: It depends on your situation. If you are at risk of losing your license due to demerit points, or if your job requires a clean driving record, the cost of a lawyer can be a small price to pay to protect your livelihood.

Have a question that wasn't answered here? Facing a traffic charge in Melbourne and not sure what to do next?

Don't navigate this alone. The first step is to understand your rights and options. Contact the team at Burdon Legal today for a confidential discussion about your case.