Traffic Offences

More information on some of the commonly laid charges

Careless Use of a Motor Vehicle

A conviction on this charge does not necessarily carry with it disqualification. However, the court can choose to disqualify you. If you manage to get off a drink-drive charge at the same time that you’re convicted on a careless use charge then it’s not unknown for the court to hit you hard with several months’ disqualification on that charge of careless use.

Note that there is no 28-day stand-down period when it comes to getting a limited licence on a careless use disqualification. Also note that if the court does not disqualify you but you have a demerit points problem then a careless use conviction could push you over the 100-point limit and consequently give rise to a three-month suspension.

Dangerous Driving

A conviction on this charge generally carries at least six months disqualification, up to three months in jail and up to $4,500 in fines. With a conviction on dangerous driving there is a 28-day stand-down period before you can apply for a limited licence. We have plea bargained dangerous driving charges down to lesser charges on repeated occasions and that might well be an option in your case.  Reckless driving is regarded as more blameworthy than dangerous driving but, again, we have successfully plea bargained that charge as well.

Driving While Disqualified

Getting a conviction for driving while disqualified requires that the police prove three things: that you were driving, that you were disqualified and lastly that you knew you were disqualified. Most defendants on this charge admit to the police at the time of their apprehension that they knew that they were disqualified. So the main rule for these people to remember (like all people spoken to by the police) is ‘Don’t make any statements’.  The same all goes for Driving while Suspended defendants.

You can expect a 28-day car impoundment and the law does not allow for a limited licence application to be made where you’ve been convicted on Driving while Disqualified (or Driving while Suspended).  While a limited licence is not an option in these cases, there are other ways to stay on the road and it is particularly important that you get in touch with us as soon as you get charged so that we can start setting up those particular options. An option with which we have helped many clients with is known as 'a section 94 application', where community work is imposed instead of disqualification.

Sustained Loss of Traction, Unnecessary Exhibition of Speed, Street Racing

These are the so-called “boy-racer” offences. A conviction can attract a fine of up to $4,500 or three months imprisonment and they carries a mandatory period of disqualification (at least six months) upon conviction.  Again you can expect a 28-day car impoundment.  We have successfully resolved these charges but as ever the golden rule on being stopped is ‘Don’t make any statements’.

Speeding

If you are facing a demerit point suspension as a result of speeding offences and want a limited licence then we are happy to advise that there is no 28-day stand-down period before you can apply. However, if you are caught travelling at more than 40kms over the speed limit signposted in the area, then you will likely receive an instant 28-day suspension of your drivers licence.

Logbook, RUC and HMV offences

Logbook, Road User Charges and Heavy Motor Vehicle offences are often suitable for plea bargaining. Logbook cases can often be resolved without disqualification being imposed. Moreover, you may have a defence that could get you off the hook completely.

Demerit Points

The rule is that if you incur 100 demerit points or more within a two-year period then you will be suspended for three months. If you successfully defend a charge, then demerit points do not, of course, accrue. If the points would be more than you can stomach, call us!