Haitch Legal


Hoon Offences

Hoon Offences

Victorian law takes hoon offences very seriously and in many cases, police will impound your vehicle for up to thirty days for a first-time offence. For others, your car or motorbike may only be impounded if it has been subject to two hoon offences within a six-year period.

If you have been charged with two hoon offences within six years, police can apply to keep your vehicle impounded for an additional three months, or even forfeit the vehicle altogether. In such cases, it is crucial to consult a traffic law expert to help.

What counts as a hoon offence?

As mentioned, there are two types of hoon offences. The first, which results in the immediate seizure of your vehicle, includes things like:

  • Driving while unlicensed, disqualified, or suspended
  • Driving +45km/h over the speed limit
  • Failing to stop when directed by police
  • Failing to properly control the vehicle
  • Participating in a speed race
  • Purposely making excessive noise or skidding the vehicle
  • Drink driving (BAC 0.10 or above)
  • Disobeying tram/train stop lights
  • Having more passengers than seat belts in a vehicle
  • Crashing into a police car or other emergency service vehicle purposefully or due to carelessness

The second, where your vehicle is only seized after committing two offences in six years, includes things like:

  • Drug driving
  • Drink driving (BAC <0.10)
  • Drink driving as a P-plater, taxi driver, or on a zero-BAC license

Rules around impoundment

Within 48 hours, police can impound your vehicle if they believe it was involved in a hoon offence. Outside of this time frame, they must serve a surrender notice to the owner within ten days.

The only exceptions to this rule are if the vehicle was captured on camera, engaged in a police chase, or you disobeyed police orders to stop.

What if I’m not the driver?

If you let someone else drive your car, you are still liable and your vehicle may be impounded or forfeited. You will need to prove to the court that doing so would result in exceptional hardship for yourself or other (eg. if it is the family car).

If you were not the driver, the magistrate may be less inclined to order impoundment, immobilisation, or forfeiture. You may, however, have to guarantee that the person responsible for the hoon offence will not be allowed to drive your vehicle for a specified period. There are severe penalties for breaking this agreement.


Your case will be heard in the Magistrates Court. Depending on your case, the magistrate may choose to deliver an impoundment or immobilsation order, or even a forfeiture order. They can also issue other penalties, including fines, demerits, suspension, disqualification, or prison time.

What next?

If you are going to court for hoon offences, it is important that you seek legal advice immediately as this will go on your criminal record. Call 03 8590 8370 today for a free consultation with our expert traffic lawyers.

Call 03 8590 8370 today for a free consultation with our expert traffic lawyers.

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