What happens when I plead Guilty to a traffic offence?

If your matter is a guilty plea, the case starts in Court by your lawyer from Doogue & O'Brien confirming that you are pleading guilty to the Magistrate in your presence.

Then the Police Prosecutor will read out the Police summary of what they say happened on the day of the offences. Any prior Court appearances for traffic charges or criminal charges will then by given to the Magistrate to read.

As this point we provide any written character references or reports that we have to the Magistrate and make submissions to them on your behalf.  As we are there to put your case to the Magistrate you are not required to talk in Court. We explain everything for you.

If we decide to call you to give evidence or are asked something incidental you should stand up when the Magistrate is speaking to you and refer to the Magistrate as “Your Honour”. You should respond honestly to the questions.

This is just a very brief overview. Obviously our traffic lawyers wiill guide you through the processes and explain everything to you that may arise during the hearing.

The Magistrate then considers the summary that was presented by the police and the submissions that we have made and decides what they think the appropriate penalty should be.

This decision by the Magistrate is usually made immediately. There is a absolute right to appeal any decision of a Magistrate and so you can appeal a decision if you do not like the penalty the Judge has imposed.

Following is the sentencing hierarchy of penalties that could be imposed by the court.

• No conviction and also no loss of licence (if there is not a mandatory licence loss period)
• Fines either with or without a conviction
• A Good behaviour bond – this can be with or without conviction
• A Community Based Order (CBO) – This can involve unpaid work and attendance at counselling and be with or without conviction
• A Suspended prison sentence – This is where you are sentenced to a prison sentence but you do not have to go to prison immediately. You only have to go to prison if you commit and offence in the period of time which the prison term is suspended for.
• An Intensive Corrections Order (ICO) –  This involves doing unpaid community work twice a week and also have strict reporting conditions attached.
• A Home detention order – A gaol sentence served at your home. These are extremely rare and there are only a small number of people on them. Generally you only get a Home Detention Order after serving a prison term.
• Prison/Gaol – This is where you are taken into custody in a prison for the period determined by the Judge/Magistrate. 

• Pleading Guilty
• Pleading Not Guilty

Traffic Lawyers Melbourne

Kristina Kothrakis Traffic Lawyer Email Kristina appears on a daily basis in the Magistrates’, County and...

Paul McClure Traffic Lawyer Email Paul McClure appears on a daily basis in the Magistrates', County and...