Driving an automobile can be dangerous and, for that reasons, there are many laws with which you must comply. There are offences for speeding, drink driving and other violations discussed below. If you are charged with Driving Offences in Nsw, be sure to reach out to a lawyer to protect your rights.
Did you know that driving offences are not limited to driving a car? A speeding driver may have been riding a bike or motorcycle. And in addition to the road itself, the driver may be charged with a driving offence on (i) a public street, (ii) the area that divides a road, (iii) a footpath or nature strip next to a road, (iv) a public area designed for cyclists or animals, and (v) a public area that is not a road, but is open for the use of the public to drive, ride or park vehicles. If charged with Driving Offences in Nsw, hire a lawyer who is aware of these facts.
Other driving offences include (i) alcohol and drug offences, (ii) heavy vehicle offences, (iii) motorcycle offences, (iv) the lack of seat belts and child restraints, (v) street racing and other “hoon” offences, (vi) uncovered loads, (vii) unlicensed driving, (viii) unregistered and uninsured vehicles, (ix) cell phone offences, and (x) other serious driving offences.
Since there are penalties for these offences ranging from small fines to license suspensions, license revocation and prison sentences, it is important to contact lawyers experienced with these types of charges to make sure you receive the lightest penalty possible, which may be dismissal of the charges in their entirety.
Lawyers who have experience defending these types of claims also know that traffic offences in Australia are “strict liability” crimes, meaning that the government does not have to prove any intent to commit the crime on your part in order to convict. Basic evidence such as radar, in-car camera systems, microphones, and statements made by drivers during the stop or after can suffice to prove the charges.
So what can attorneys representing you in a driving offence case do to win? First, they can try to show that evidence was gained improperly which, if proven may bar certain statements and other facts from being heard by a judge or jury, making it far more difficult for the government to prove your case.
In addition, a quality lawyer will include in her analysis of your defence other factors such as (i) making sure the police “statement of facts” is accurate (if it is not, you may apply to the magistrate to obtain dismissal of some or all charges) and (ii) if you have a legitimate reason for your actions, such as self-defense or escaping a dangerous situation such as a fire or an active shooting scene for your speeding charge, this may serve as a proper defence.
Any criminal charge is serious. For this reason, do not hesitate to find a lawyer to defend you and attempt to reduce any possible penalty or even eliminate it altogether.