What Happens in Court for Driving Offences in Victoria? (Step-by-Step Guide)

If you’ve been charged with a traffic offence in Victoria and received a court summons, it’s completely normal to feel stressed or confused. Many people aren’t familiar with how the court system works or what their rights and obligations are. This detailed guide is designed to walk you through the entire process—from receiving your notice to attending court—so you feel confident and prepared.

Do You Have to Go to Court for a Driving Offence in VIC?

In Victoria, attending court is mandatory for certain driving offences. Whether or not you must appear depends on the type and severity of the offence.

When You Must Go to Court:

• You’re charged with a criminal traffic offence, such as:
  • Driving while suspended
  • Driving while disqualified
  • Some Drink or drug driving
  • Dangerous or Careless driving
  • Failing to stop for police
• You receive a charge sheet and summons or bail notice requiring a court appearance.

When You Might Not Need to Go:

• If you receive a minor traffic infringement notice and choose to pay the fine.
• The offence is administrative or non-criminal (e.g. low-level speeding, parking fine).

Note:  Missing court can also increase penalties and damage your chances for a better outcome. The court may also hear the case without you present or issue a warrant for your arrest.

How the Court Process Works for Driving Charges

The court process varies slightly depending on the offence, but the general flow looks like this:

Step-by-Step Overview:

1. Notice of Charge: You receive an official notice with the details of the charge and your court date.
2. Pre-Court Preparation: You can speak to a lawyer, gather documents, or prepare your defence. This includes references and possible courses
3. Mention Hearing: This is usually your first appearance. You enter a plea: guilty or not guilty.
4. Plea Hearing (if guilty): The court hears your side and gives a penalty the same day.
5. Contested Hearing (if not guilty): A new date is set, and the court will examine evidence and witnesses.
6. Sentencing: If found guilty, the magistrate gives a penalty such as a fine, licence suspension, or more.

Contested hearings are more formal and will involve police evidence, legal arguments, and witness evidence.

What to Expect on the Day of Your Court Appearance

Before You Go:

• Plan to arrive at least 30–45 minutes early.
• Bring your licence (if you still have it), court documents, references, and any evidence.
• Dress neatly and respectfully—think business casual.

When You Arrive:

• Go to the registry desk and check in or if you have a lawyer they will check in for you.
• Tell staff if you need assistance, like an interpreter or legal help.
• Wait until your name is called—cases aren’t always heard in order.

Inside the Courtroom:

• When called, enter the courtroom and stand before the magistrate.
• Address the magistrate as “Your Honour.”
• Stay calm, respectful, and honest when asked questions.

If you have a lawyer, they will do most of the talking. If you don’t, you’ll need to explain your side clearly.

Pleading Guilty vs Not Guilty — What It Means

Your first court appearance is when you’ll be asked to plead:

• Guilty You admit to the offence. The court may hear your explanation and decide on a penalty that day.
• Not Guilty You dispute the charge. A future date (Most likely two days) will be set for a contested hearing where both sides present their case.

Changing Your Plea: You can change your plea before the magistrate makes a decision. For example, if you plead not guilty but later change your mind, your lawyer can notify the court, and a new hearing will be scheduled.

What Penalties Can Be Given in Court?

Penalty Type	Description
Fine	A monetary penalty that may range from a few hundred to several thousand dollars depending on the offence.
Licence Suspension	Temporary loss of your licence for a set period (weeks to years).
Licence Disqualification	Full cancellation of your licence, requiring a reapplication process.
Good Behaviour Bond	A court order that you must not reoffend for a set time or face stricter penalties.
Community Corrections Order (CCO)	Involves community service, rehab programs, or other supervised conditions.
Imprisonment	Jail sentence, usually reserved for serious or repeat offences.
Diversion	It’s like a warning, there is no criminal record.

Can You Represent Yourself in Court?

Yes, but it comes with risks. Courts expect all parties to understand legal procedures. If you don’t have a lawyer, you’ll need to:

• Speak on your own behalf
• Understand the charges and possible penalties
• Know how to present evidence or argue your side

Advantages of Having a Lawyer:

• They will help to avoid a conviction
• Help you get a lighter penalty
• Make sure your side is clearly presented
• Help avoid procedural errors

👉 Book a Free 15-Minute Consultation Call

How to Prepare for Your Court Date

Checklist:

• Read your charge sheet and court documents carefully
• Talk to a lawyer (even if just for advice)
• Write a personal statement explaining what happened
• Get character references from work, school, or community leaders
• Write an apology letter to show insight and remorse
• Collect any proof that you’ve fixed the problem (paid fines, sorted licence, etc.)

Will I Get a Criminal Record?

That depends on the outcome:

• Conviction recorded Appears on your criminal record and can affect work, insurance, and travel.
• No conviction recorded Still found guilty, but no criminal record if the court deems it appropriate.

When Might You Avoid a Record?

• First-time offender
• Low-level offence
• You’ve taken responsibility and shown remorse

A good lawyer can help you argue for a non-conviction.

See Case Studies:

• Disqualified Driving – (Dandenong Magistrates’ Court)
• Unpaid Fines – (Dandenong Magistrates’ Court)
• Drink Driving – (Werribee Magistrates’ Court)
• Drink Driving by a Supervisor of an L-Plater – Melbourne Magistrates’ Court

Get Help Before Court: Speak to a VIC Traffic Lawyer

Even a minor traffic charge can become serious if not handled properly. The right legal help can protect your licence, your job, and your record.

Free 15-Minute Court Strategy Call

• Get a quick case review
• Understand your best legal options
• Find out what to bring, say, and expect in court