Crime, Traffic, Heavy Vehicle National Law & Intervention Orders

Criminal Law, Traffic Law & Heavy Vehicle National Law

Comprehensive Defence Against All Prosecuting Agencies

We defend clients against charges brought by:

• Victoria Police
• Game Management Authority (GMA)
• Local government/councils
• VicRoads/Department of Transport
• Heavy Vehicle National Law Regulator
• Other regulatory and prosecuting agencies

No matter which agency is prosecuting you, we have the experience to protect your rights and achieve the best possible outcome.

Our Areas of Practice

Criminal Law

We represent clients in:

• Assaults and violent offences
• Theft, burglary, and property offences
• Drug offences (possession, trafficking, cultivation)
• Sexual offences
• Fraud and dishonesty offences
• All other areas of Criminal law

Traffic Law & Driving Offences

Our lawyer acts for clients charged with:

• Drink driving (DUI) and drug driving offences
• Dangerous or careless driving
• Speeding and excessive speed offences
• Driving while disqualified or suspended
• Unlicensed driving
• Failure to stop or report an accident
• Mobile phone use while driving
• Demerit point suspensions and appeals

Drink Driving & Drug Driving Offences

Drink driving (DUI) and drug driving are among the most common traffic offences in Victoria and NSW. Penalties can include:

• Licence disqualification or suspension
• Fines
• Imprisonment (for repeat or serious cases)
• Alcohol interlock device requirements

We provide strategic advice on defending drink/drug driving charges, negotiating outcomes, and minimising licence loss.

Heavy Vehicle National Law (HVNL)

We represent drivers, operators, and companies in matters under the Heavy Vehicle National Law, which regulates vehicles over 4.5 tonnes GVM across most Australian states.

Common HVNL Offences:

• Fatigue management breaches (exceeding work hours, failing to rest)
• Mass, dimension, and load restraint offences
• Speeding by heavy vehicles
• Maintenance and defect notices
• Breaches of chain of responsibility obligations

Chain of Responsibility

Under HVNL, not only drivers but also employers, schedulers, consignors/consignees, loaders, and packers can be prosecuted if their actions contributed to an offence. We advise on defending chain of responsibility prosecutions and compliance strategies.

Penalties under HVNL:

• Fines (can be substantial for companies)
• Licence suspension/disqualification
• Court orders for compliance programs

Search Warrants, Seizure of Property & Police Powers

If you are subject to a search warrant or your property has been seized by police or another agency:

• Search Warrants: Police or authorised officers may obtain a warrant to enter your home, business or vehicle to search for evidence. You have rights during the execution of a search warrant—contact us immediately if a warrant is issued or executed at your premises.
• Seizure of Property: Police may seize items they believe are connected to an alleged offence. This can include computers, phones, vehicles, firearms, cash or other property.
• Other Police Powers: Agencies may also use covert surveillance devices or forensic procedures as part of investigations.

We provide urgent advice on your rights during searches and seizures and can act quickly to challenge unlawful warrants or seek the return of seized property.

The Police Investigative Process

If you are contacted or arrested by police about any alleged offence—criminal, traffic-related, drink driving, heavy vehicle or regulatory—you should seek legal advice before making any statement or answering questions. Anything you say can be used as evidence against you.

Typical police process:

1. Investigation:
   Police gather evidence through interviews, statements, surveillance, searches (with or without warrant), and forensic analysis.
2. Interview:
   You may be asked to attend a police interview. You have the right to remain silent (except for providing your name and address) and to seek legal advice before the interview.
3. Charges/Summons/Arrest:
   If police believe there is enough evidence, you may be charged and either arrested or served with a summons to attend court.

The Court Process: From Summons to Final Hearing

Most criminal and traffic matters in Victoria begin in the Magistrates' Court:

1. Service of Summons or Charge Sheet:
   You receive formal notice to attend court on a specified date.
2. First Mention/First Appearance:
   Your matter is listed before a magistrate or judicial registrar. You will be informed of the charges and your options.
3. Entering a Plea:
• Plea of Guilty: If you accept responsibility, the matter proceeds to sentencing (often on the same day).
• Plea of Not Guilty: The matter is adjourned for a contest mention or set down for a contested hearing/trial.
4. Case Management/Contest Mention:
   The court may hold further hearings to clarify issues, discuss resolution, or set a timetable for trial.
5. Contested Hearing/Trial:
   Evidence is presented by both sides. The magistrate (or judge in higher courts) decides guilt or innocence.
6. Sentencing:
   If found guilty (or after a guilty plea), the court imposes a sentence.

Magistrates' Court vs County Court vs Supreme Court

• Magistrates' Court:
  Most criminal and traffic matters begin in the Magistrates' Court. Here, cases are heard before a magistrate. Some less serious matters can be dealt with by a judicial registrar—a court officer with limited powers. Judicial registrars can handle procedural matters and minor offences but cannot impose certain sentences (such as imprisonment) or hear more serious charges.
• County Court:
  More serious indictable offences that cannot be finalised in the Magistrates' Court are committed (“sent up”) to the County Court. The County Court hears a wide range of serious criminal matters before a judge and, in some cases, a jury. Appeals from decisions of the Magistrates' Court are also heard here.
• Supreme Court:
  The most serious criminal offences—such as murder, attempted murder, and treason—are heard in the Supreme Court of Victoria. The Supreme Court also hears complex or high-profile cases, and appeals from the County Court in certain circumstances. Cases are presided over by a Supreme Court judge and, for trials, a jury.

This tiered court structure ensures that each matter is heard at the appropriate level according to its seriousness and complexity. If you are facing charges in any of these courts, Sartori Legal Services can provide expert representation tailored to your case.

Clients Lacking Capacity

We are experienced in representing clients who may not have capacity to be tried, give instructions, or enter a plea due to mental health or cognitive impairment. In such cases, special procedures apply—including possible fitness hearings or diversion programs.

Intervention Order Law — Family Violence & Personal Safety

Intervention orders are court orders designed to protect individuals from harm or harassment. We represent both applicants and respondents in all types of intervention order proceedings.

Types of Intervention Orders

1. Family Violence Intervention Orders (FVIO):
• Protects against family violence from a partner, ex-partner, relative, or household member.
• Can include conditions about contact, residence, communication, and behaviour.
2. Personal Safety Intervention Orders (PSIO):
• Protects against stalking, harassment, or threats from non-family members (e.g., neighbours, acquaintances).

Private Applications vs Police Applications

• Police Applications:
  Police can apply for an intervention order on behalf of a person at risk. These applications often proceed quickly and may involve interim orders for immediate protection.
• Private Applications:
  Individuals can apply directly to the court for an intervention order if they feel threatened or unsafe. The process involves filing an application and attending court hearings.

Why Choose Sartori Legal Services?

• Experienced criminal lawyers for all private clients—no legal aid matters
• Defence against all prosecuting agencies: Victoria Police, GMA, local government/councils & more
• Experience in crime, traffic law (including drink driving), Heavy Vehicle National Law defence
• Strategic advice before police interviews
• Urgent assistance with search warrants & property seizure
• Representation in Magistrates' Court and County Court
• Skilled in complex cases including fitness to plead/trial
• Comprehensive intervention order services: FVIO & PSIO; police & private applications

Facing criminal charges, traffic offences (including drink driving or heavy vehicle matters), regulatory prosecutions by any agency, search warrants or property seizure issues—or an intervention order? Contact Sartori Legal Services today for expert advice and representation in Victoria and New South Wales. Early intervention can protect your rights and improve your outcome.