Caught in the headlights of a traffic offence? The road ahead may seem daunting, but with the right guide, it doesn't have to be. Here at State Law Group, we specialise in criminal law, helping countless clients navigate their traffic offences and achieve favourable outcomes.
If you've recently been charged with a traffic offence, and want to fight the charge or simply seek legal advice, you’re in the right place. From minor infringements to serious charges, the following information may shed some light on how traffic lawyers operate, common offences and penalties, defences used, and the benefits of hiring an experienced lawyer. We'll also touch on when to seek legal advice, anticipated costs, and how to choose the best legal team for your case.
What does a traffic offence lawyer do?
A criminal lawyer specialised in traffic law provides legal representation for individuals charged with traffic violations, such as speeding or drink driving, working to potentially reduce penalties, avoid licence disqualification, or even have the charges dismissed. For example, if you're charged with reckless driving, a traffic lawyer could argue on your behalf, presenting evidence or circumstances that mitigate the severity of the offence.
Common traffic offences and penalties
Navigating the landscape of traffic offences in New South Wales (NSW), Australia can be complex. Let's break down some of the most common offences and their potential penalties:
1.Speeding
Speeding is one of the most common traffic offences. The penalties can range from a fine and demerit points to licence suspension, depending on how much you exceed the speed limit. For instance, exceeding the limit by more than 45 km/h can lead to immediate licence suspension.
2.Drink driving
In NSW, drink driving offences are categorised based on blood alcohol concentration (BAC). A low range drink driving offence (BAC of 0.05 to 0.079) carries a fine and possible licence suspension, while high range offences (BAC of 0.15 or more) can result in imprisonment. The exact penalties depend on the blood alcohol concentration level and any prior offences
3.Drug driving
Having the presence of certain drugs in your system while driving is a major traffic offence, attracting substantial fines, licence disqualification, and even imprisonment for repeat offenders. This offence is typically detected through roadside drug testing.
4.Using a mobile phone while driving
This offence can lead to a significant fine and demerit points. It's crucial to note that this includes holding your phone while driving, not just texting or calling. The fine for illegal mobile phone use is $362, or $481 if detected in a school zone. Additionally, there is a penalty of 5 demerit points for illegal mobile phone use, which increases to 10 demerit points during double demerit periods.
5.Dangerous driving
This major driving offence includes behaviours like reckless driving, street racing, dangerous driving occasioning death and grievous bodily harm. Penalties can include heavy fines, imprisonment, and licence disqualification. The maximum penalty for dangerous and negligent driving occasioning grievous bodily harm is 7 years imprisonment.
6.Police pursuits
If you fail to stop for the police, this is considered a serious driving offence. Depending on the situation, the penalties can range from fines and demerit points to imprisonment. The maximum penalty for a police pursuit is three years’ imprisonment for a first time offence and imprisonment for up to five years for any additional offences..
7.Unlicensed driving
Driving without a valid licence or driving whilst suspended is a serious offence that can lead to fines, imprisonment, and a further period of disqualification. If you are charged with unlicensed driving, the penalty notice fine ranges from between $500 to $5,500 depending on the circumstances.
8.Not wearing a seatbelt
Both drivers and passengers are required to wear seatbelts. Failing to ensure that all passengers are properly wearing a seatbelt will attract a fine and demerit points. Additionally, to the driver, passengers aged over 16 will get a fine for not wearing a seatbelt. They can also get a fine for travelling with any part of their body outside the vehicle.
9.Disobeying traffic lights or signs
Running a red light or failing to stop at a stop sign is a frequent offence, leading to a fine and demerit points. Common examples of this include failure to stop at a stop sign, running red lights, and driving in a bus lane.
10.Parking offences
Incorrect parking, such as parking in ticketed, metered or coupon parking spaces without valid tickets, can result in fines. Some councils have replaced paper tickets and instead send letters up to a month later, giving motorists little chance to appeal.
These are just a few examples of the many traffic offences. Each carries its own set of penalties, and understanding these rules can prevent you from inadvertently breaking them. If you're facing charges for a traffic offence, it's advisable to seek legal advice to help you navigate the complexities of the law and protect your rights.
Common defences used by traffic lawyers
When faced with a driving offence charge, a strong legal defence can make all the difference. Here are some common defence strategies used by specialist traffic lawyers to defend clients:
1.Honest and reasonable mistake
This defence hinges on proving that the defendant made an honest and reasonable error of judgement. For instance, if you've been charged with driving an unregistered vehicle, but genuinely believed your registration was current, this defence could apply.
2.Necessity
In certain cases, lawyers may argue that a traffic violation was necessary to prevent a greater harm. For example, if you were speeding because you were rushing someone to hospital. This defence requires demonstrating that the defendant believed there was an immediate danger and had no reasonable alternative.
3.Duress
This defence is used when the defendant was forced to commit the offence under threats or fear of harm. For example, if a person was threatened with violence unless they drove a getaway car, they could potentially use duress as a defence.
4.Mental illness
In certain circumstances, mental illness can be used as a defence. However, this requires substantial medical evidence and is often subject to strict scrutiny by the court.
5.Faulty equipment
If you've been charged with speeding, your lawyer might question the accuracy of the speed detection device. They might argue that the device wasn't properly calibrated or maintained, casting doubt on the reliability of the evidence.
6.Insufficient evidence
If the prosecution fails to provide substantial evidence, your lawyer may argue that the case should be dismissed on this basis. For example, if you're accused of running a red light but the prosecution can't produce clear video footage or witness testimonies, this defence might be effective.
7.Automatism
This refers to situations where the defendant was not conscious or in control of their actions at the time of the offence. It's often used in cases involving medical conditions like sleepwalking or seizures. While it's a complex and rarely used defence, it has been successful in some cases.
8.Identification dispute
The defendant might dispute that they were the person driving the vehicle at the time of the alleged offence. This is common in cases where the police did not stop the vehicle at the time of the offence, such as camera-detected speeding offences.
Each of these defences has its own nuances and requirements and are just a snapshot of the many strategies that experienced traffic offence lawyers can employ to defend their clients. If you find yourself facing driving offence charges, it's advisable to seek professional legal advice to explore the best defence options for your situation.
The benefits of hiring an experienced traffic lawyer for legal representation
Hiring an experienced lawyer for legal representation doesn't just provide you with legal advice. Our team of experienced traffic lawyers can dramatically improve your chances of a favourable outcome and offer you significant advantages such as:
1.Expert knowledge of traffic law
Our experienced lawyers have in-depth knowledge of Australia's legal system, regulations, precedents, and court procedures. For instance, they understand the nuances of 'beyond reasonable doubt' in criminal cases and can effectively challenge the prosecution's evidence.
2.Case evaluation and strategic guidance
Every legal case requires a unique strategy. Our lawyers provide strategic advice based on their understanding of legal complexities. For instance, they might identify a faulty breathalyser test in a drink-driving charge, which could potentially lead to case dismissal.
3.Negotiation skills
Whether it's bargaining for a fair settlement in a personal injury case or negotiating plea deals in criminal cases, our experienced lawyers can negotiate with the prosecution for lesser charges or penalties, potentially saving you from hefty fines or licence disqualification.
4.Courtroom experience
If your case proceeds to court, having a lawyer who is familiar with courtroom protocols and has a good rapport with judges and prosecutors can be invaluable. Our experienced lawyers know when to object, how to cross-examine witnesses effectively, and how to present arguments persuasively.
5.Understanding of legal documents and terminology
Legal documents can be complex and filled with jargon. Experienced traffic lawyers can help interpret these documents, ensuring you're fully aware of your situation and can make informed decisions. For example, they can explain the terms of a good behaviour bond or licence suspension notice and what what this really means to you or how to prevent future offences.
6.Guidance and support
Facing a traffic violation charge with ripple effects into your professional or personal life can be emotionally draining. Having a lawyer on your side who can handle time-consuming tasks such as filing paperwork, gathering evidence, and liaising with court officials, allows you to focus on your personal life and work. By remaining objective to your case, lawyers help you make clear-headed decisions.
7.Professional network
Our established lawyers have a wide network of professionals like private investigators or expert witnesses who can assist in strengthening your case. For example, we may call upon a medical expert in a hit-and-run case to provide testimony about your injuries.
8.Peace of mind
Facing a driving offence charge can be stressful. Having an experienced traffic offence lawyer by your side provides reassurance, knowing that a professional law firm is working diligently for the best possible outcome.
Each of these benefits highlights the importance of hiring an experienced traffic lawyer, which can often be a game-changer when facing your traffic violation charges. Our team's expertise, strategic approach, negotiation skills, and commitment to protecting your rights are focused on mitigating the impact of traffic offence charges on your life.
When should I seek legal advice after being charged with a traffic offence?
We often get asked about the right time to seek legal advice after being charged with a traffic offence. Here are some key points to consider:
1.Complexity of the case
If you're facing charges for a major traffic offence like dangerous driving causing death or grievous bodily harm, it's crucial to seek legal advice. These traffic matters carry severe penalties, including imprisonment, and require an understanding of complex legal processes and principles.
2.Repeat offences
If you've been charged and you have prior traffic offences, the penalties could be more severe. A lawyer can help you understand the potential implications and formulate a defence strategy.
3.Disputing the charge
If you believe you're not guilty of the offence charged, a lawyer can help you understand your rights and build a strong defence. For instance, if you're charged with speeding but believe the speed detection device was faulty, a lawyer can assist in challenging the evidence.
4.Disqualification risk
If you're at risk of losing your licence due to exceeding your demerit points limit or being charged with serious driving offences like high-range drink driving, legal advice can be critical. Loss of licence can significantly impact your life, affecting your employment and personal freedom.
5.Mitigating circumstances
If there were mitigating circumstances during the offence, such as a medical emergency, a lawyer can help present these facts effectively to the court.
6.Uncertainty about your rights
If you're unsure about your rights or how to respond to a charge, consulting a lawyer can provide clarity. For example, you may not be aware that you can challenge a fine or plead not guilty to a charge. A lawyer can assess your situation and advise if defences like necessity or duress might apply.
7.Inaccuracies in the police report
If you believe there are errors in the police report or the evidence against you has been improperly obtained, a lawyer can help you challenge these issues in court.
8.Court proceedings
If your case is going to court, it's highly advisable to seek legal representation. Court procedures can be complex and intimidating, and having a lawyer ensures your case is presented in the best possible light.
Remember, while dealing with a traffic case can be stressful, you don't have to go through it alone. Our expert legal team of traffic lawyers can provide you with legal advice to ensure that you're well-informed about your rights, the potential consequences of your actions, and help you achieve the best possible outcome.
How much does a traffic lawyer cost? What fees can I expect?
Engaging a traffic lawyer can be a crucial step if you're facing a traffic case. However, it's equally important to understand the costs involved. Here are some key points to consider:
- Initial consultation fee: At State Law Group we offer a free initial consultation. This session allows our team to understand your unique case and determine if and how we can help you.
- Lawyer's experience: The level of experience a lawyer has can impact their fees and hourly rates. More experienced lawyers often charge more for their services, but their expertise might result in a more favourable outcome for your case.
- Fixed fee agreements: For relatively straightforward cases, some lawyers offer a fixed fee. For example, for a drink driving matter, it might cost around $1,500 to $3,000. This provides certainty about the legal costs upfront.
- Legal Aid: If you can't afford a lawyer, you may be eligible for Legal Aid. However, eligibility criteria are strict, and Legal Aid is not usually available for traffic matters unless there's a real risk of imprisonment.
- Disbursements: These are expenses incurred by the lawyer on your behalf, such as court filing fees, expert reports, and photocopying. They are usually charged in addition to the lawyer's fees.
- Complexity of case: The more complex the case, the more work required and thus, the higher the cost. For instance, a case requiring expert witnesses or extensive negotiation will likely cost more than a simple plea of guilt.
- Travel costs: If your lawyer needs to travel for court appearances, you may be charged for their travel time and expenses.
While hiring a lawyer might seem expensive initially, it can prove cost-effective in the long run, particularly if they can help you avoid fines, civil damages, or even incarceration. Remember, it's essential to discuss and agree on costs with your lawyer at the beginning. Most lawyers are required to provide a costs agreement setting out their fees and how they are calculated. Make sure you read and understand this agreement before engaging a lawyer.
How do I choose the best traffic lawyer?
Choosing the right lawyer from the numerous criminal law firms out there can significantly impact the outcome of your case. At State Law Group, we understand the importance of this decision and are here to help you make an informed choice. Here are some key factors to consider in your selection process:
- Specialisation: Look for a lawyer who specialises in traffic law. They'll have a deep understanding of the intricacies of traffic law and the best strategies to defend against them. For instance, they may be familiar with the technicalities of breath test procedures and how to challenge their validity if necessary.
- Experience: The more experience a lawyer has in handling cases related to traffic law, the better. Ask about their track record in dealing with cases similar to yours. For example, if you've been charged with drink driving, has the lawyer successfully defended such cases in the past?
- Local knowledge: A lawyer who is familiar with the local courts, judges, and prosecutors can be a great asset. They'll have an understanding of local court procedures and can use this knowledge to your advantage.
- Clear communication: Your lawyer should be able to explain the legal jargon in clear, understandable terms. They should keep you informed about your case's progress and be responsive to your queries.
- Reputation: Check out online reviews and ask for references. A lawyer's reputation can give you a sense of their credibility and the quality of their services.
- Fee structure: Understanding the lawyer's fee structure is crucial. Whether they charge a flat fee or by the hour, make sure you're aware of all costs involved upfront.
- Initial consultation: Many lawyers offer a free initial consultation. This meeting can provide you with a sense of the lawyer's style, approach, and whether you feel comfortable with them representing you.
- Trust and confidence: Ultimately, you want a lawyer you trust and feel confident in. You should feel that they genuinely care about your case and will advocate for your best interests.
By considering these factors, you can ensure you're choosing the best traffic lawyer for your specific needs. At State Law Group, our team of Sydney traffic lawyers are here to assist you with any legal traffic matters.
Book your free consultation today
Facing traffic offences and navigating the legal system can be daunting. But remember, you don't have to face it alone. Book a free consultation with State Law Group today. Let our team of expert traffic lawyers guide you through the process, provide you with the advice you need, and take the lead in your legal defence.
