All Traffic Offence Case Studies

This is a case study on a bail application for driving offences and other charges. What is alleged to have occured? Our client was a young man who failed to attend court for matters related to an alleged attempted robbery of a shop and assaults committed in a train. Some ...

This is a case study involving multiple driving charges and other offences. What is alleged to have occured? Our client was charged with numerous offences ranging from drugs, weapons, assault, and multiple traffic violations. These charges predated our client’s first court appearance for a drug offending and no other offences ...

This is a case study on Refuse Breath Test, traffic offences, and drug offences resulting in a fine and a "not guilty" verdict for the first offence. What is alleged to have occured? Our client was facing multiple charges involving both traffic and non-traffic offences. He was listening to the ...

This is a case study on traffic offences resulting in a moderate fine and the mandatory minimum period for licence cancellation. What is alleged to have occured? Our client was facing charges of Refuse Breath Test and Disobey Right Turn Sign. The police pulled her over after seeing her do ...

This is a case study on traffic offences, DUI, and Reckless Conduct Endangering Serious Injury that resulted in an adjourned undertaking without conviction. What is alleged to have occured? Our client was a 20-year old man who decided to drive home after drinking with friends. He was using his father’s ...

This is a case study on Exceed PCA and Drive Disqualified involving an accident that was attributed to pedestrian negligence. What is alleged to have occured? Our client was charged with Exceed PCA and Drive Disqualified following a road accident that involved a pedestrian. It must be noted that the ...

Our client was facing multiple traffic charges including two drink driving offences following an accident that left a bike rider injured. What is alleged to have occured? She had attended a farewell party and was driving home when she collided with the bike rider. Other aggravating circumstances (apart from the ...

This is a case study on drug driving and other traffic offences resulting in a good behaviour bond with no order against licence. What is alleged to have occured? Our client was a truck driver who was charged with drug driving following a drug test administered by the highway patrol ...

This is a case study on several traffic offences and an Exceed PCA charge resulting in a fine and a licence cancellation for a minimal period. What is alleged to have occured? Our client was charged with multiple driving offences after getting caught by the police one early morning. He ...

This is a case study on drink driving and other traffic offences that led to a sentence of a good behaviour bond. What is alleged to have occured? Our client was facing several traffic offences which include both drink driving and non-drink driving. The drink driving offences arose from a ...

This is a case study on Exceed PCA charges and Driving Disqualified resulting in a wholly suspended sentence and financial penalty. What is alleged to have occured? Our client was facing a total of 3 charges for various traffic offences. Specifically, the charges were: Exceed PCA 49(1)(b) Exceed PCA 49(1)(f) ...

This is a case study on Exceed PCA and Careless Driving offences resulting in a licence disqualification that was kept to a minimum. What is alleged to have occured? Our client lost control of his vehicle and accidentally drove into a shop, writing off his car and another car in ...

Our client was charged with Driving Under the Influence and Careless Driving. He was a 19-year old man with no record of any court appearances. He has an outstanding academic record and is included in the top 400 students in Victoria during his VCE year. During the time of his ...

This is a case study on drug driving and driving whilst disqualified which, in effect, led to a charge of Breach of Suspended Sentence. What is alleged to have occured? Our client tested positive for cannabis and methamphetamines following a random drug driving test conducted by the police. During this ...

This is a case study on a successful sentence appeal for an Exceed PCA charge and two other traffic offences. What is alleged to have occured? Our client wanted to appeal his sentence that was handed down by the Broadmeadows Magistrates’ Court for the following traffic charges: Exceed PCA Drive ...

This is a case study on Exceed PCA and other traffic offences resulting in a minimum licence penalty without conviction. What is alleged to have occured? Our client was an 18-year old man who got into a car accident while under the influence of alcohol. His car was written off ...

This is a case study on charges of Refuse Breath Test and General Duty of Driver or Person in Charge of Motor Vehicle resulting in a withdrawal of the first charge and a fine for the remaining traffic offence. What is alleged to have occured? Our client was subjected to ...

This is a case study on a charge of Culpable Driving Causing Death resulting in a “not guilty” verdict. What is alleged to have occured? Our client was facing a charge of Culpable Driving Causing Death at the Melbourne County Court following a road accident involving an elderly person. She ...

This is a case study on a charge of Culpable Driving Causing Death heard in the County Court. What is alleged to have occured? Our client had been drinking with his best friend at a birthday party. He left after someone made a comment to him which he found offensive ...

This is a case study involving charges of Dangerous Driving Causing Death and Serious Injuries. What is alleged to have occured? Our client was facing charges of Dangerous Driving Causing Death and Dangerous Driving Causing Serious Injury at the Melbourne Magistrates’ Court. The circumstances of the case involve him, his ...

This is a case study that involves withdrawing a Dangerous Driving charge. What is alleged to have occured? Our client was facing multiple traffic charges following allegations by the police that she was driving a car and was seen doing a protracted burn out on a street. As there were ...

This is a case study on charges of Speeding and Dangerous Driving. What is alleged to have occured? Our client was facing charges of Dangerous Driving and Exceed Speed Limit at the Heidelberg Magistrates’ Court. Although he admitted to the speeding charge, he was however disputing whether his manner of ...

This is a case study on a sentence of good behaviour bond for Careless Driving. What is alleged to have occured? The police charged our client with Careless Driving following a road accident that caused no injury to any person but which otherwise resulted in a major traffic inconvenience. We ...

This is a case study on a bail application for Unlicensed Driving and Theft charges. What is alleged to have occured? Police was refusing bail for our client for reasons that he continues to engage in criminal activities to support his drug habit. He was already on two counts of ...

This is a case study on an appeal against a prison term for driving whilst suspended. What is alleged to have occured? Our client wanted to appeal a 2-month term of imprisonment handed down by the Magistrates’ Court for a charge of Driving Whilst Suspended. He had already been previously ...

This is a case study on a bail application for traffic and drug charges. What is alleged to have occured? The police charged our client with Driving Disqualified and several other drug offences. The allegations were that our client was trafficking 12 kilograms of cannabis and was in possession of ...

This is a case study on reducing Dangerous Driving Causing Serious Injury to Careless Driving. Following our client’s interview and the investigation, he was charged with Dangerous Driving Causing Serious Injury. At the time of the alleged offence, the client had no relevant criminal history and was 51 years old ...

This is a case study on pleading guilty to Dangerous Driving. Our client was aged 61 at the time of the alleged offending and had no relevant prior court history. What is alleged to have occured? The incident occurred during the client’s employment as a bus driver wherein it was ...

This is a case study on Exceed Speed Limit at 50/h above the limit. Our client had been charged with driving 148km/h in a 100-zone. If you get caught going this quickly, you’re looking at a mandatory minimum license suspension of 12 months. Unfortunately the law in this area is ...

This is a case study on charges of DUI and Exceed PCA resulting in a fine with no conviction. Our client was charged with Drive Under the Influence of Alcohol (s. 49(1)(a)) and Exceed Prescribed Concentration of Alcohol (s. 49(1)(b)). She was 61 years old and, at the time of ...

This is a case study involving a charge of Exceed PCA with a BAC of over 0.15%. Our client was charged with Exceed PCA (blood alcohol concentration or BAC at 0.221%) and Careless Driving. She was a teacher by profession and had an otherwise exemplary record. Her case proceeded as ...

This is a case study on theft and driving offences resulting in a diversion sentence. What is alleged to have occured? Our client was alleged to have stolen a set of number plates from a parked vehicle and fitted them to her own unregistered vehicle. This was in order for ...

This is a case study on withdrawing a charge of Driving Without Headlights. What is alleged to have occured? Our client was a taxi driver who had previously elected to take the 1 x point option on his licence after accruing a number of demerit points over time. On the ...

This is a case study on a charge of Drive Whilst Disqualified resulting in a fine with no licence disqualification. Our client was charged with two counts of Driving Whilst Disqualified against section 30 of the Road Safety Act 1986 (Vic). The offences were committed less than two months apart ...

This is a case study on a sentence of Community Correction Order for multiple driving offences. Our client was charged with 12 driving offences including Driving an Unregistered Vehicle, Driving Whilst Under the Influence of Drugs, and three counts of Driving Whilst Disqualified against section 30 of the Road Safety ...

This is case study on charges of Assault and Careless Driving resulting in a financial penalty. What is alleged to have occured? Our client was charged with several offences following a road rage incident. He was veering in and out of his lane and the victim’s car nearly did his ...

This is a case study on Drive Unregistered Motor Vehicle and fraud-related traffic charges. The client made full admissions to the police and subsequently sent a letter of apology to them. What is alleged to have occured? Our client was charged with fraudulently using false registration plates, fraudulently using/altering compliance ...

This is a case study involving a sentence of fine without conviction for Driving Whilst Suspended. What is alleged to have occured? Our client was charged with two counts of Driving Whilst Suspended. He lost his licence due to demerit points which accrued due to excessive speeding. The first time ...

This is a case study on pleading guilty to Handling Stolen Goods and other charges. What is alleged to have occured? Our client had four matters involving handling stolen goods, drug possession, and weapons possession. He has a long history of similar offending and the matters before the court on ...

This is a case study on an application for diversion for Careless Driving. What is alleged to have occured? Our client was driving alone in their vehicle when they lost concentration and failed to negotiate a sweeping bend in the roadway. The client had been driving for a lengthy period ...

This is a case study on driving whilst suspended on a court-imposed suspension. What is alleged to have occured? Our client was charged with Driving Whilst Suspended following a court-imposed suspension for excessive speed, which is an aggravating feature of the offending. The matter also involved deception as the client ...

This is a case study on a Community Correction Order for Drive Whilst Suspended. What is alleged to have occured? Our client was charged with several driving offences and a breach of a CCO. He was facing a potential term of imprisonment given his extensive criminal history. He also had ...

This is a case study on a charge of Reverse When Unsafe resulting in a fine without conviction. What is alleged to have occured? Our client was on his way home from work when he stopped off at the shops. It was quite late, and it was dark. As he ...

This is a case study on an imposition of minimum disqualification periods for drink driving and dangerous driving offences. The client was in his early 20s at the time of the offending and had some minor traffic offences, including a prior for drink driving. What is alleged to have occured? ...

This is a case study on assault and driving charges resulting in an adjourned undertaking and a licence cancellation for the mandatory minimum period. What is alleged to have occured? The alleged offences arose out of ongoing hostilities between our client and the partner of his former wife. The most ...

This is a case study on Careless Driving resulting in a financial penalty. What is alleged to have occured? Our client had got into his car after work. He reversed his car, and at that moment was blinded by bright sunlight. He proceeded to reverse, and while doing so accidentally ...

Our young client was charged with Driving Whilst Suspended and Driving an Unregistered Motor Vehicle. She had no criminal or traffic priors. She was a busy student who was working in shift work whilst studying. What is alleged to have occured? The client’s demerit points had accumulated and she believed ...

This is a case study on Drive Disqualified with drink driving priors. What is alleged to have occured? After driving home from work, our client went through a random breath-testing station on a main road in the outer norther-suburbs. He passed the breath test but unfortunately was disqualified from driving ...

This is a case study on Exceed PCA and Exceed Speed Limit offences. The following penalties apply for the drink driving offence: Driver’s license cancelled and suspended for 6 months Fine of around $3,000 Interlock device for 6 months Completion of a drink driver behaviour change course As for the ...

This is a case study on pleading guilty to Refuse to Provide Further Sample. What is alleged to have occured? Our client was a young person who was involved in his first drink driving offences. He was pulled over by the police and was asked to participate in a random ...

This is a case study on a plea of guilty to Driving Whilst Disqualified. What is alleged to have occured? Our client had lost their licence for exceeding the speed limit by 35+km/h. This occurred in the weeks proceeding to being intercepted for driving whilst suspended. What happened at court? ...

This is a case study on Exceed PCA as an alternative to a DUI charge. What is alleged to have occured? Our client was before the court facing drink driving offences and a Careless Driving offence due to a minor crash. Specifically, the charges were drink driving offence alternatives and ...

This is a case study on charges of drug driving and Careless Driving, including Possess Drug of Dependence, that resulted in an adjourned undertaking without conviction. What is alleged to have occured? Our client was driving and veered out of his lane into oncoming traffic then collided head-on with a ...

This is a case that involves dismissing a Drive Whilst Suspended charge. What is alleged to have occured? Our client was intercepted by the police driving her car. Checks revealed that she was a suspended driver. She told the police that she knew she had been suspended due to demerit ...

This is a case study on a charge of Drive Whilst Suspended using honest and reasonable belief as a defence. What is alleged to have occured? Our client was pulled over by the police for a random intercept. It was discovered that he was driving on a suspended drivers licence ...

This is a case that involves multiple charges related to property, causing injury, and driving offences. What is alleged to have occured? Our client pleaded guilty to a raft of offences including thefts of motor vehicles. The offending was protracted which occurred over some 14 months. He was remanded and ...

This is a case study on a sentence of diversion for Careless Driving. What is alleged to have occured? Our client was charged with a traffic offence following an accident where she ran into the back of another vehicle which caused it to collide with the vehicle in front. It ...

Our client was charged in relation to two driving incidents. What is alleged to have occured? In the first incident, he was charged with Drink Driving and Careless Driving, when he got behind the wheel after he had been drinking at a BBQ and reversed into a fence. When the ...

This is a case study on Driving Whilst Suspended arising out of an honest and reasonable mistake. What is alleged to have occured? Our client was charged with Driving Whilst Suspended and had multiple relevant priors. He instructed us that during the term of his suspension, he renewed his driver’s ...

This is a case study on a sentence appeal for assault and driving charges. Our client had been found guilty at a Magistrates' Court following a contested hearing for the charges of Assault With a Weapon (his vehicle) and Careless Driving. What is alleged to have occured? Our client lives ...

This is a traffic offence case resulting in a fine without conviction for Exceed Speed Limit and other charges. The client was young (19 years old) at the time of the offence, had an excellent work history, and has just completed an apprenticeship. What is alleged to have occured? Our ...

This matter was an appeal against a sentence by the Magistrates’ Court of an immediate term of imprisonment of 2 months for a charge of driving whilst suspended. What is alleged to have occured? Our client had 5 relevant priors for driving whilst suspended/disqualified although none were during Court ordered ...

This is a case of bail application for legal matters in a 'night' court. What is alleged to have occured? Our client had called us in the morning and sought interview advice. He had been arrested by the police whilst driving his car and was charged with drug possession and ...

This is a case study on driving charges resulting in a financial penalty without conviction. What is alleged to have occured? Our client was charged with Exceed PCA 49(1)(B) and Dangerous Driving. We represented him at the Ringwood Magistrates’ Court. What happened at court? After summary case conferencing the matter ...

This is a case that involves multiple drug charges, weapons offences, and traffic offences. What is alleged to have occured? Our client was found beside the road following a road accident where he was thrown from his motor bike and hit a tree. He was found in possession of over ...

This is a case of Drive Whilst Suspended with no order made against the licence of the accused. What is alleged to have occured? Our client was charged with driving whilst his licence was suspended. He had lost his licence for speeding and he needed his licence to get to ...

The client had been charged with several traffic offences: failing to have proper control of his vehicle (a road rule offence), driving in a manner which caused his car wheels to lose traction (another road rule offence), dangerous driving, and drink driving. What is alleged to have occured? He had been drink ...

Tnis is a case study on driving offences resulting in the charges getting withdrawn. What is alleged to have occured? Police alleged that our client had been driving while unlicensed and had refused to undergo an evidentiary breath test. Refusing to undergo an evidentiary breath test is a serious offence ...

This is a case study on a bail application involving an accused in a show cause position. What is alleged to have occured? Our client was in a show cause position as he allegedly committed further indictable offences whilst on two counts of bail. He also had a significant prior ...

This is a case study on multiple driving charges resulting in a Community Corrections Order. What is alleged to have occured? Our client had been represented by Victoria Legal Aid in the Sunshine Magistrates’ Court where he had been sentenced to 45 days imprisonment and been disqualified from driving for ...

This is case that involves withdrawing Reckless Conduct Endangering Life and Serious Injury charges. What is alleged to have occured? Our client was a young man in his early 20s. He was driving home with a passenger in the car after having been out with his friends. At around 3:30 ...

This is case that resulted in a court diversion for a charge of Fail to Report Accident to Police. The collision was minor and our client had promptly ensured that the owner of the other vehicle was compensated (through insurance) for the damage. Our client held a very responsible position ...

This is a case of Driving Whist Suspended that resulted in a fine with no conviction and no licence suspension. What is alleged to have occured? Our client had received correspondence from VicRoads advising him that his license was to be suspended for a period of 3 months due to ...

This is a case of Careless Driving dismissed under section 76 of the Sentencing Act. What is alleged to have occured? Our client was charged with Careless Driving and Failing to Have Proper Control of a Vehicle after falling asleep behind the wheel at speed, veering across a number of ...

This is an actual case of bail application for Theft of Motor Vehicle with a client in a show cause position. What is alleged to have occured? Our client was involved in a number of burglaries and other property offences over a period of time. This had culminated in a ...

Our client was charged with drink driving (2nd offence) and had his license suspended immediately with section 51 notice. What is alleged to have occured? Before his court appearance, he decided to drive to work, knowing he was suspended. He was speeding 17 kph over the speed limit in a ...

This is a case study on driving offences resulting in a fine without conviction. What is alleged to have occured? Our client, after having attended a farewell party, drove home intoxicated and collided into a bike rider. She did not stop after the accident even though the bike was attached ...

This is a case study on a successful diversion application for driving offences. What is alleged to have occured? Our client pulled in front of a vehicle illegally causing that car to brake suddenly and the car behind to collide into the rear of that vehicle. Our client was approached ...

This is a case study on drug and driving offences resulting in a Community Corrections Order. What is alleged to have occured? Our client was arrested in his car and was charged with multiple charges including trafficking ice with the quantity in his car being 30 grams. He had no ...

This is a case study on drink driving and other traffic offences resulting in a minimum licence penalty without conviction. What is alleged to have occured? Our client was involved in a car accident and was drunk at the time. He was a young offender aged 18 years old and ...

This is a case study on driving charges resulting in a moderate financial penalty and minimum license suspension. What is alleged to have occured? The client was driving with a passenger in his car, exceeding the speed limited by a considerable amount. He was cutting across all lanes and zigzagging ...

This is a case study on Dangerous and Careless Driving charges resulting in a good behaviour bond without conviction. What is alleged to have occured? The client was involved in a “road rage” type incident, where he was observed braking heavily and driving erratically. Police charged him with dangerous driving ...

The client was charged with culpable driving causing the death of his best friend, whom he had known since primary school. The two had been drinking at a 21st birthday party when the client became upset at a comment made to him by another party-goer. What is alleged to have ...

This is a case study on a successful diversion application for charges of Create False Entry in Log Book. What is alleged to have occured? Client operated his own business as a truck driver delivering freight interstate. The police alleged that on 4 separate occasions, client had deliberately entered false ...

This is case study on a charge of Culpable Driving Causing Death resulting in an acquittal. What is alleged to have occured? The client was driving a car back from her beach house on the Mornington Peninsula. She was travelling at the speed limit. An elderly person walked out onto ...

Our client was stopped behind two other cars waiting to turn right. The intersection was controlled by a main red light, a green turning arrow and an amber turning arrow. What is alleged to have occured? The green turning arrow lit and the cars in the turning lane commenced their ...

This is a case study on assault and driving offences resulting in a financial penalty without conviction. What is alleged to have occured? Police alleged that this was a road rage matter where our client tailgated the L plate driver of a another vehicle. It was alleged that he hit ...

The accused was a 44 year old man with no history of prior Court appearances. He was apprehended by police at 3.00 am as he was driving to get some food. He suffers from insomnia. What is alleged to have occured? He drove through a red light and collided with ...

This is a case study on assault and driving charges resulting in a fine without conviction. What is alleged to have occured? An argument ensued between our client and her boyfriend. The client got into her car and her boyfriend jumped into the back. The argument continued inside the vehicle ...