Traffic Law

Traffic Law.

Have you been unfortunate to have your license suspended?

If you were charged with drink driving we will represent you. If you were speeding, slow down and have a chat with us.

We value our clients needs to have their drivers license for work and other important purposes.

We know that in most cases our clients have facts that can lead to a more SUCCESSFUL outcome of their case. This means they have a high chance of success.

Their success is HIGHLY dependent on what they said to police and the lawyer they select.

Having trouble selecting the right lawyer for your traffic infringement? 

You can select the right lawyer for the job, call Lawyer Select Australia today

Our Road Rules

Our road rules consist of the following rules and we may assist you if you have been charged under one of the following: 

• the Crimes Act 1900
• the Road Transport (General) Act 2005
• the Road Transport (Drivers Licensing) Act 
1998
• the Road Transport (Safety and Traffic 
Management) Act 1999
• the Road Transport (Vehicle Registration) 
Act 1997
• the regulations associated with each of the
Road Transport Acts
• the Australian Road Rules 1999.

The more serious offences under these Acts are classified as major offences, breaches of which are generally dealt with by the courts (Road 
Transport (General) Act s.25).

Other offences are generally dealt with by the imposition of fines and demerit points.

Major driving offences include:

• any crime or offence where death or grievous bodily harm is caused (Crimes Act ss.33, 52A, 53, 54; Road Transport (Safety and Traffic Management) Act s.42)
• driving furiously or recklessly (Road Transport (Safety and Traffic Management) Act s.42)
• driving in a manner or at a speed dangerous to the public (Road Transport (Safety and Traffic Management) Act s.42(2))
• menacing driving (Road Transport (Safety and Traffic Management) Act s.43AA)
• predatory driving (Crimes Act s.51A)
• driving with the prescribed concentration of alcohol (Road Transport (Safety and Traffic Management) Act s.90)
• driving under the influence of a drug or alcohol (Road Transport (Safety and Traffic Management) Act s.12)

Driving over the speed limit

Exceeding the speed limit is not classified as a major offence, unless the driving is at a speed dangerous to the public. However, the Road Transport (Safety and Traffic Management) (Road Rules) Regulation includes special penalties for exceeding the speed limit by more than 30 km/h and more than 45 km/h.

A safe speed is determined by the circumstances. Driving at the speed limit is not necessarily driving at a safe speed. Driving at the speed limit at night, or in rain or fog, for example, may not be safe.

Driving in a manner dangerous to the public

In determining whether someone is driving in a manner dangerous to the public, the court must make an objective assessment of a driver’s care and control of a vehicle (Road Transport (Safety and Traffic Management) Act s.42). The driver’s intention, or awareness of their manner of driving, is irrelevant.

The test, which the prosecution must prove beyond reasonable doubt, is whether the driving created a danger to anyone present or likely to be present, even if the danger was only potential.

Driving over the speed limit

Exceeding the speed limit is not classified as a major offence, unless the driving is at a speed dangerous to the public. However, the Road Transport (Safety and Traffic Management) (Road Rules) Regulation includes special penalties for exceeding the speed limit by more than 30 km/h and more than 45 km/h.

A safe speed is determined by the circumstances. Driving at the speed limit is not necessarily driving at a safe speed. Driving at the speed limit at night, or in rain or fog, for example, may not be safe.

Who may be affected by dangerous driving?

Under the Crimes Act, the crime of dangerous driving may apply where the injured person:
• was a passenger in the vehicle being dangerously driven
• was struck by the vehicle or something that was attached to it or fell from it
• was struck by an object that had first been struck by the vehicle.

Defences

It is a defence against a dangerous driving charge to show that death or injury was not the driver’s fault; for example, that a pedestrian ran onto the road suddenly and without warning, giving the driver no chance to avoid them.

Aggravated dangerous driving

Aggravated dangerous driving is a dangerous driving offence that involves:
• driving with a blood alcohol concentration in the high range
• exceeding the speed limit by more than 45 kilometres per hour
• attempting to escape a police pursuit.

Negligent driving
Negligent driving is an offence in which the driver fails to exercise the degree of care expected of a careful driver in the circumstances.
The court will look at factors such as the type, use and condition of the road, and the actual and potential traffic on the road.

Disqualification Periods

  • predatory driving (Crimes Act s.51A), which carries a penalty of up to five years’ imprisonment
  • driving wantonly, furiously or with wilful neglect causing harm (Crimes Act s.53), which carries a penalty of up to two years’ imprisonment
  • causing grievous bodily harm by any unlawful or negligent act (Crimes Act s.54), which carries a penalty of up to two years’ imprisonment
  • menacing driving (Road Transport (Safety and Traffic Management) Act s.43), which carries a penalty of up to two years’ imprisonment.
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