Will I Go to Jail for a Traffic Offence?

Being charged with a traffic offence can be stressful, and one of the most common questions people ask is whether they could go to jail. While imprisonment is available for many serious traffic offences in Victoria, it is not the outcome in every case. 

Whether you go to jail depends on the offence itself, the circumstances of the offending, your criminal and traffic history, and a range of other sentencing factors considered by the court.

Which Traffic Offences Can Result in Jail?

A number of traffic offences carry a maximum penalty of imprisonment.

Examples include:

• drink driving offences;

• dangerous driving;

• driving whilst suspended or disqualified;

• refusing to provide a breath or drug sample;

• failing to stop after an accident in certain circumstances;

• culpable driving causing death; and

• dangerous driving causing death or serious injury.

The fact that an offence carries a maximum penalty of imprisonment does not mean that every person convicted will receive a jail sentence.

When Is Jail More Likely?

Imprisonment is generally reserved for the most serious traffic offending.

The court is more likely to impose a term of imprisonment where:

• a person has been seriously injured or killed;

• the offending involved an extremely high level of risk;

• there is a lengthy history of similar offending;

• the offender was already disqualified or suspended from driving;

• the offence involved alcohol or drugs;

• there was a deliberate disregard for the safety of others; or

• previous court orders have failed to deter further offending.

The court will consider the circumstances of each individual case rather than simply the name of the offence.

What Factors Does the Court Consider?

When deciding whether imprisonment is appropriate, the court considers a range of factors, including:

• the seriousness of the offence;

• the level of harm caused;

• your criminal and traffic history;

• whether you pleaded guilty;

• your level of remorse and insight;

• your personal circumstances; and

• your prospects of rehabilitation.

Early acceptance of responsibility and genuine rehabilitation can often have a significant impact on the sentence ultimately imposed.

Are There Alternatives to Jail?

Yes.

For many traffic offences, particularly where the offending is less serious or the person has limited prior convictions, the court may impose a sentence other than imprisonment.

Depending on the offence and the circumstances, the court may instead impose:

• a fine;

• a community corrections order;

• an adjourned undertaking;

• a conviction without imprisonment; or

• another sentencing order available under Victorian law.

Whether one of these options is appropriate depends on the seriousness of the offending and the offender’s personal circumstances.

Can a Traffic Offence Be Defended?

Yes.

Like any criminal offence, a traffic offence can be defended where the prosecution cannot prove every element of the charge beyond reasonable doubt.

In some cases, there may also be opportunities to negotiate with the prosecution for a less serious charge that better reflects the evidence. This can significantly affect both the available penalties and the likelihood of imprisonment.

Before deciding whether to plead guilty, it is important to carefully review the prosecution brief and obtain legal advice.

Should I Get Legal Advice?

If you are facing a traffic offence that carries the possibility of imprisonment, you should obtain legal advice as soon as possible.

A lawyer can explain the maximum penalties, assess the strength of the prosecution case, advise whether there are any legal defences available and prepare the strongest possible plea if you decide to plead guilty.

Early preparation often makes a significant difference to the outcome of a case.

Speak to Wilkinson Lawyers

If you have been charged with a serious traffic offence in Victoria, Wilkinson Lawyers can help. We regularly represent clients facing traffic offences ranging from drink driving through to dangerous driving and other indictable road offences. We can advise you about the strength of the prosecution case, whether the charge can be defended and the steps that can be taken to minimise the risk of imprisonment.

Contact Jess Wilkinson on 0468 364 121 or jess@wilkinsonlawyers.com.au to discuss your matter and obtain advice about the best way forward.