Mandatory Licence Loss for Traffic Offences in Victoria: What You Need to Know
If you have been charged with a traffic offence in Melbourne, one of the most important things to understand is this — for many offences, licence loss is not optional. Whether you appear in court or accept the fine, if the offence carries mandatory licence loss, the outcome is fixed by law.
As a traffic lawyer in Melbourne, I regularly speak to people who are shocked to find out that the magistrate cannot help them keep their licence. The law says what must happen, and in most cases, there is no discretion.
Offences That Carry Mandatory Licence Loss
The Road Safety Act and accompanying regulations set out a range of traffic offences that result in automatic licence suspension or disqualification if you are found guilty or accept a fine. These include:
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Drink driving offences (even at lower readings)
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Drug driving (presence of THC, methamphetamine or MDMA)
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Refusing to undergo a breath test or oral fluid test
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Speeding by more than 25km/h (or more than 35km/h in some cases)
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Accumulating too many demerit points
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Dangerous or careless driving in certain circumstances
In each of these situations, if the offence is proven, the court must impose the mandatory minimum period of licence loss. This is not something the magistrate can alter, even if your reasons are compelling.
Do You Need to Hire a Traffic Lawyer?
The honest answer is: not always.
If you intend to plead guilty to an offence that carries a mandatory minimum disqualification, and your only concern is saving your licence, there is usually nothing a lawyer can do to change the outcome. The law removes the court’s discretion in these matters.
However, this does not mean you should make decisions without advice.
Whilst the court is required to impose the mandatory minimum licence loss period, the court can, and sometimes does, exceed the minimum and impose a longer period of licence loss.
You should seek legal advice if:
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You are unsure whether the offence actually applies to you
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Your licence is critically important for work or family responsibilities
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You believe the circumstances may allow for a legal defence
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You are considering pleading not guilty
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You want to understand the range of possible outcomes, not just the minimums
There are also cases where the court has the power to impose a longer disqualification than the statutory minimum. If you go to court unrepresented and do not clearly explain your circumstances, the court might exercise that discretion to increase the penalty.
Honest Advice from an Experienced Traffic Lawyer in Melbourne
If you have been charged with a traffic offence and are unsure what to do next, I recommend that you speak to a traffic lawyer before deciding whether to contest the matter, plead guilty, or accept the infringement.
You might not need to engage a lawyer to appear in court. But you do need clear, accurate advice from someone who understands the law, the likely outcomes, and the way magistrates approach these cases.
I offer upfront, honest legal advice. If I don’t think you need a lawyer in court, I will tell you that. But if your case calls for experienced representation — for example, if you are facing a loss of licence and believe the offence can be challenged — I can help you navigate the process from start to finish.
Charged with a traffic offence in Melbourne? Contact me today for straightforward, honest advice before you go to court. Know your rights. Understand your options. Make informed decisions.
