DRIVING CHARGES AND TRAFFIC OFFENCES

Have you been charged with driving offences?

Are you facing driving offences, SAHARAN FAMILY & CRIMINAL LAWYERS are traffic offence lawyers in Perth who can help you.

If you are planning to plead not guilty SAHARAN FAMILY & CRIMINAL LAWYERS may use an expert to prove that you were not driving in the way that the Police allege. We work with one of the top  Motor Vehicle Crash experts in WA, who can give an expert opinion about the circumstances of the offence by looking at the photo of damaged vehicles, tyre marks, the scene of the accident etc.

If you are facing driving charges you may be seeking information about how to fight them and have questions such as;

  • Can I keep my licence?
    We can assist you to understand the laws about driving charges. How to minimise the impact on your life and livelihood.
  • If I lose my licence how long will it be taken?
    Some driving offences have mandatory minimum penalties. SAHARAN FAMILY & CRIMINAL LAWYERS will ensure your penalty is kept to the minimum, without any further time off the road.

 

We understand how important your driving licence is to your life and your work. We will give practical advice and recommend actions to undertake before the Court. This could be you doing anything from Road  Safety Course prior to appearing in court. This action would allow us to show that you have reflected on your actions.

There are a range of driving offences in WA. Some of the common driving offences in WA are:

Fail to comply with licence conditions under Road Traffic (Authorisation to Drive) Act 2008 and Road Traffic (Authorisation to Drive) Regulations 2014

Drive contrary to conditions of Extraordinary Drivers Licence under Road Traffic (Authorisation to Drive) Act 2008 and Road Traffic (Authorisation to Drive) Regulations 2014

Road Traffic Act 1974 offences

  • Driving without a valid licence
  • Fail to stop after incident occasioning bodily harm
  • Fail to render assistance after incident occasioning bodily harm
  • Driver fails to give name and address after incident occasioning bodily harm
  • Fail to stop after incident involving property damage
  • Driver fails to give name and address after incident involving property damage
  • Driver fails to report incident occasioning death/GBH
  • Dangerous Driving causing bodily harm (no circumstances of aggravation)
  • Dangerous Driving causing bodily harm in circumstances of aggravation other than escaping pursuit
  • Dangerous Driving or DUI causing bodily harm, when escaping pursuit
  • Reckless Driving Also includes driving: (1a) at/over 155km/h; or (1b) 45km/h or more over limit
  • Reckless Driving when escaping pursuit
  • Careless Driving
  • Vehicle impounding offences

There are Speeding Offences under Road Traffic Code 2000

Road Traffic (Administration) Act 2008 offences:

  • Driver refuses or gives false personal details
  • Dishonesty offences re licence/ number plate/ registration
  • Fail to comply with a direction to stop, move, or leave vehicle
  • Driver fails to comply with direction to stop when escaping pursuit
Police Interview

The Police interview is an important part of the investigation process. Police officers are trained in interview techniques that will encourage to reveal information that assists their case against you. This is not a search for the truth. The Police will use your answers to bolster their case and may misinterpret comments you make.

Please call SAHARAN FAMILY & CRIMINAL LAWYERS to discuss your matter and get advice from one of our experienced defence lawyers who can give you useful advice about the implications of answering questions.

Pleading Not Guilty

We go to Court regularly and contest all types of driving matters. We know how to build a defence and attach a weak prosecution case. We may be able to do investigations of our own on your vehicle or the accident site to find evidence that supports your case, such as looking for CCTV or dash cam footage.

If you are pleading not guilty to a traffic charge in the Magistrates’ Court, the matter will proceed to a contested hearing. A contest is where the Magistrate hears the evidence and decides if you are guilty or not.

Pleading Guilty

If you are pleading guilty it is important that you engage an experienced traffic lawyer in WA to make a plea on your behalf. A prepared plea can ensure that you have the best chance of receiving the minimum penalty at the sentence hearing.

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