Legal Aid for Driving Offences in Victoria
If you’re facing a traffic-related charge, a Court appearance is inevitable. While it’s feasible to represent oneself, seeking legal advice is very important. Legal representation ensures the protection of rights for those in the criminal justice system. For individuals unable to afford private legal services, Victoria Legal Aid (VLA) offers free resources, legal advice and representation, though certain limitations apply.
Unfortunately Legal Aid no longer funds driving matters that feature under the Road Safety Act unless special circumstances apply, read on for more information.
Even in relation to criminal matters it’s essential to note that not everyone qualifies for VLA support. Eligibility for a grant of legal assistance from VLA depends on several factors, such as the seriousness of the charges, the likely outcome of the case and the age or vulnerability of the accused.
To obtain support for criminal law matters, from lawyers that do legal aid cases, applicants generally need to meet both the means test (an assessment of income and assets) and the State reasonableness test (an assessment of the case’s impact and outcome).
Means Test
When a person applies for a grant, VLA considers the applicant’s (and partner’s, if relevant) income, assets and expenses, as well as the nature of their legal matter. If the applicant meets these thresholds, they meet the means test requirements.
For example, if a person’s income is less than $360 per week with assets of less than $1095, the applicant meets the means test and does not need to make any financial contribution to their case.
State Reasonableness Test
To be eligible for a grant, an applicant must also satisfy the State reasonableness test. This test considers the potential benefits and detriments of a grant to an applicant and the public. VLA also considers the likelihood of achieving a favourable outcome for the applicant and, if relevant, whether there are reasonable grounds for an appeal against sentence or conviction.
Can I get Legal Aid for Driving Matters?
In limited circumstances, VLA may grant legal assistance to a person who charged with a minor traffic matter or summary offence under the Road Safety Act 1986, heard in the Magistrates’ Court.
- If you received gaol in Magistrates Court and you are appealing or;
- A grant may be made if an accused person has a serious mental health issue, intellectual disability or an acquired brain injury, and the person’s conviction is likely to result in imprisonment (Criminal law guideline 2). This penalty threshold applies despite whether an accused person proposes to plead ‘guilty’ or ‘not guilty’.
This does not apply to serious traffic matters, such as culpable driving, dangerous driving causing death or serious injury or any of the Crime Act 1958 related driving matters. If you are unsure you should contact the office.
Special circumstances
In exceptional cases, where the circumstances fall outside the guidelines, VLA may grant legal assistance if the applicant meets the means test, the State reasonableness test or the State interests of justice test, and any of the State’s special circumstances.
For example, VLA may grant legal assistance for more serious and indictable driving-related offences if the person meets one of the following conditions:
- is under 18 years old;
- has a reading or writing difficulty;
- has an intellectual disability within the meaning of the Disability Act 2006 (Vic); or
- has a serious mental health issue and is receiving services from a designated mental health service under the Mental Health Act 2014 (Vic) (Criminal law guideline 2).
However, a grant of legal assistance under the VLA’s special circumstances guideline cannot be applied to (generally less serious) traffic offence matters heard in the Magistrates’ Court.
Other support services available
Victoria Legal Aid provides free resources and other information for driving offences on their website. The Fitzroy Legal Services also provides an excellent resource, ‘The practical guide for law in Victoria’, which is updated yearly and available for free.
You can also contact your local community legal service for general legal information and legal advice. These services are free or low-cost.
When you go to court, Court Network volunteers can also provide support. While they cannot offer legal advice, they provide non-legal support, and can help you navigate the Court systems and understand the legal process. Tell Court staff if you want to see a volunteer or ring the Court beforehand.
If you have the means available to you, you can engage an experienced driving offences lawyer to assist you. If you can afford it, it is always a good idea to be represented at Court.
