Traffic Offences

Traffic offences cases can be difficult to win with success varying in these types of lawsuits. As opposed to criminal lawsuits, the majority of defendants are indeed guilty of the said traffic offences, but the reasons behind it can make the difference between a dismissal, a fine, demerit points and gaol time.

Traffic offences lawyers are different from most lawyers, as most lawyers no experience in fighting traffic offences. What's more, traffic offences can be relatively minor cases and punishments, so a guilty plea may be suggested as the easiest option.

Traffic offences lawyers will be able to argue a traffic offences lawsuit on the basis of the character of the defendant, the circumstances of the traffic offence and any inconsistencies in the police account of the event.

Traffic offences range in seriousness from parking fines (non-moving violation) to speeding tickets (moving violation) and are typically heard in Traffic Court.

A person can be declared a habitual traffic offender if they have been convicted of three or more similar traffic offences in five years. Such traffic offences include drink driving, driving recklessly, menacing driving, speeding, negligent driving or driving while disqualified, cancelled or suspended.

Being declared a habitual traffic offender will result in the defendant being disqualified from driving for five years. A traffic offender can appeal against being classified as a habitual traffic offender but the disqualification cannot be reduced lower than two years. An application for reduction can be made through traffic offences lawyers to the Court if it can be established that the penalty imposed was disproportionate and unjust consequence of the situation.

Speeding fines can be a slightly more difficult traffic offence to oppose with the common punishments being a suspended licence for at least 3 months for between 30 and 45 kms per hour over the speed limit and at least 6 months for over 45 kms per hour.

Traffic offences lawyers will be able to assist in these cases, particularly those that involve speed measuring devices though not including the Lidar speed measuring device. A good traffic offences lawyer will be able to advise you of your options in opposing a speeding offence charge.