Traffic law and traffic offences are a complex area of law. It is essential that you seek legal advice about your matter, especially if your matter is before the courts. Most traffic offences are dealt with under the Road Transport Act 2013, there are a number of traffic offences that are prosecuted under the Crimes Act 1900 NSW which require careful consideration.
Should I Contest a Penalty
In NSW we have been taught to think that once a traffic fine has been received, that it’s not worth contesting. We are somewhat forced to simply accept it and all its consequences – even when we feel we did not commit the offence. The reality is that our legal system protects us from where a person is adamant, or they feel that they did not commit an offence
What if I am Actually Guilty of my Traffic Offence?
Okay, you have made a mistake. It happens. And if you’ve been tested or caught on radar and it appears to not be debatable, what should you do?
There are many considering factors to determine if you should appeal your offence, some of these are,
- Will you be a repeat offender? Is this the only time you’ll be seen in court?
- Are you a person of good character?
- Did the offence occur during a difficult time in your life?
- What steps have you have taken steps towards addressing any underlying issues? e.g. attending counselling, attending a course like anger management, drug and alcohol etc
- What impact will the fine and/or licence suspension have on your employment, your dependents and your health?
Once we review your case, we can advise you on what steps you should take to challenge your offence, even in some circumstances when you are guilty.
Greigs Legal can represent you with your Traffic Offence, the following are just some of the cases we are experienced in.
Serious Driving Offences
There are some offences that should see you contact us immediately, these are serious driving offences like,
- Negligent driving where death is occasioned.
- Negligent driving where grievous bodily harm is occasioned
- Furious driving; Reckless driving; Driving in a manner or at a speed dangerous
- Fail to stop and give assistance in an accident involving death or injury
- Driving while under the influence of alcohol or drugs
- Serious Speeding offences
- Serious School zone offences
Some offences are considered non-serious, these are treated differently to serious driving offences which we will advise you off whilst we are reviewing your case, some of these offences are,
- Parking offences
- Not wearing a seatbelt
- Red light offences
- Mobile phone offences
- Vehicle registration
- Licence offences
- Some Heavy vehicle offences
- Some Heavy vehicle driver fatigue offences
Speeding and Red Light Cameras
Many red-light cameras also include a speed detection device. In certain circumstances is possible to appeal speeding and red-light camera offences.
Driving While Suspended / Disqualified
It is an offence to drive while suspended or disqualified. There are circumstances when these offences can be contested.
Vehicle Registration Offences
In NSW, it is an offence to drive an unregistered vehicle. Failure to register your vehicle means that your vehicle is also uninsured. Driving an uninsured vehicle is also an offence.
Alcohol Interlock Program
For high range and mid-range PCA offences and second or subsequent PCA offences, the court may order a driver to enrol in the alcohol interlock program and have a device fitted to their vehicle. The interlock program impacts on the disqualification period a court may set. If your case is potentially subject to this program let us know immediately as this will change how we consider your defence.
Predatory driving is a criminal law offence. A driver who, while in pursuit of or travelling near another vehicle, engages in a course of conduct that causes or threatens an impact involving the other road users and intends by their conduct to cause injury to persons in the other vehicle is guilty of an offence.
Police pursuits are a criminal law offence. A driver who knows or has reasonable grounds to suspect that police are in pursuit of a vehicle being driven by them is required to stop the vehicle immediately. If the driver does not stop the vehicle and then drives recklessly or at speed or in a manner dangerous to others, is guilty of a serious offence.
Other Serious Offences
- Failure To Stop and Render Assistance
- Failure to stop and render assistance after an accident is a criminal law offence.
- Driving a vehicle causing Death
- Driving a vehicle causing Grievous bodily harm
Dangerous driving is a criminal law offence with multiple categories.
- Dangerous driving occasioning death
- Aggravated dangerous driving occasioning death
- Dangerous driving occasioning grievous bodily harm
- Aggravated dangerous driving occasioning grievous bodily harm
- Speeding – Street Racing