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Careless Driving & Learner Driver Offences | Melbourne Magistrates’ Court | May 2026

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The Court: Melbourne Magistrates’ Court
The Date: May 2026

The Charges

1. Road Safety Road Rules 2017 r.108 – Loss of traction
2. Road Safety Act 1986 s.65 – Driving a motor vehicle carelessly
3. Road Safety Road Rules 2017 r.73 – Fail to display L plates whilst driving on a learner permit
4. Road Safety Road Rules 2017 r.229 – Fail to wear high visibility vest whilst riding a motorcycle

Possible penalties our client was facing:

Charge 1:
A fine of up to 5 penalty units ($1,017.55) and possible licence suspension or disqualification at the
court’s discretion.

Charge 2:
A fine of up to 12 penalty units ($2,442.12) or imprisonment for up to 4 months and possible licence
suspension or disqualification at the court’s discretion.

Charge 3:
A fine of up to 3 penalty units ($610.53) and possible licence suspension or disqualification at the court’s
discretion.

Charge 4:
A fine of up to 5 penalty units ($1,017.55) and possible licence suspension or disqualification at the
court’s discretion.

The Facts of the case:

Our client, a young man holding a learner permit, was charged with multiple traffic offences arising from a
single incident whilst riding a motorcycle. The circumstances involved our client operating the motorcycle
in a manner that resulted in loss of traction, which attracted the attention of police.
Upon being stopped by police, it was discovered that our client had committed several regulatory
breaches. He was not displaying the required L plates on his motorcycle as mandated for learner permit
holders. Additionally, he was not wearing a high visibility vest, which is a mandatory safety requirement
for motorcycle learner riders in Victoria. The manner of his riding also gave rise to a careless driving
charge.

As a young person still learning to operate a motorcycle, our client faced the prospect of not only
significant financial penalties but also the possibility of a conviction being recorded. A conviction would
have had serious implications for his future employment prospects, travel opportunities, and insurance
premiums. There was also the risk of additional licence sanctions beyond the penalties he had already
incurred.

Our client engaged William Archer Defence Lawyers to represent him in court and assist in achieving the best
possible outcome given the circumstances.

The result:

We advised our client to enter early guilty pleas to all charges, demonstrating his acceptance of
responsibility and remorse for his conduct. We prepared comprehensive submissions highlighting our
client’s youth, his early plea of guilty, his previously clean traffic record, and the steps he had taken since
the incident to improve his riding skills and knowledge of road rules.

We emphasised to the court that our client was a young man at the beginning of his driving career who
had made errors in judgment but had learned from the experience. We urged the court to exercise its
discretion not to record a conviction, given the significant collateral consequences a conviction would
have on his future prospects.

The Magistrate accepted our submissions and imposed a total fine of $1,250 to be paid through Fines
Victoria, importantly without recording a conviction. The court did not impose any additional period of
licence disqualification beyond what had already been served.

Our client was extremely pleased with this outcome. By avoiding a conviction, he was able to preserve his
clean criminal record, which was crucial for his future employment and personal circumstances. The
avoidance of any further licence disqualification meant he could continue working towards obtaining his
full motorcycle licence without delay. This result demonstrated the value of experienced legal
representation in minimising the long-term consequences of traffic offending for young drivers.

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