Driving and traffic offences
The Magistrates’ Court of Victoria hears matters about different driving and traffic offences such as parking violations, exceeding the speed limit and drink driving.
Most driving and traffic offences incur a fine and/or loss of demerit points. A notice to pay a fine is called an infringement notice. You should read the infringement notice carefully and contact the prosecuting agency that gave you the ticket if you have any questions. See the VicRoads website for more information.
If you don’t want your traffic offence to be dealt with as an infringement, you can choose to have the matter heard in the Magistrates’ Court. Before you go to court, you may want to request a review from the prosecuting agency. See the Fines Victoria website for more information.
It is important to get legal advice before deciding to take your matter to court. Coming to court is serious and you may lose your licence, get a criminal record or receive a bigger fine if you decide to challenge the infringement. See the legal help page for more information.
If you choose to challenge an infringement in court, you cannot abandon the hearing. This means, you cannot change your mind and decide to pay the infringement once a court matter has begun.
If the traffic offence is serious, you will not receive an infringement and the matter will be heard in the Magistrates’ Court. These offences may include:
- driving while suspended
- excessive speeding
- dangerous driving.
Victoria Legal Aid have developed resources for people going to court for traffic offences. See the Victoria Legal Aid website for more information.
The Magistrates’ Court also hears applications for:
- licence eligibility orders for people who have been disqualified from obtaining a licence for offences such as drink and/or drug driving
- alcohol interlock condition removal orders to remove an alcohol interlock condition from a licence.
See the applying to get your licence back page or removing an alcohol interlock page for more information.
This is not a full list of legislation associated with this topic. See the Victorian Government's legislation website for more information.