Driving Offences and Appeals (1)

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Driving Offences and Appealshttp//www.wmdlaw.com
.au
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Traffic Law
Driving Offences
Most driving offences, such as speeding and
disobeying road signs, or using a mobile phone,
are dealt with by way of a fine and/or demerit
points. Where driving offences are successfully
defended the RTA does not apply demerit points
for the offence. Since 2011 where you are able to
have a driving offence dealt with by the Court
under section 10 of the Crimes Sentencing
Procedure Act such that no conviction is recorded
against you, the RTA no longer applies demerit
points. However other driving offences can be
quite serious, and can involve criminal charges
and a trial before a judge. If you would like
advice regarding driving offences, call one of
our experienced criminal lawyers on (02) 9525
8688 for free initial advice on your
circumstances.
The Law

• Some of the more serious driving offences
  include
• High Range PCA and Mid Range PCA offences
• Negligent driving where death is occasioned
• Negligent driving where grievous bodily harm is
  occasioned
• Furious driving Reckless driving Driving in a
  manner or at a speed dangerous
• Fail to stop and give assistance in an accident
  involving death or injury
• Penalties for these offences could include,
  fines, licence disqualification or a goal term
  depending on the severity of the offence and
  whether it is a first, second or subsequent
  offence.

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License Appeals Against RMS Decisions

• The RMS may suspend a persons licence for a
  number of reasons, including
• through accumulation of demerit points over a
  3 year period
• a speeding offence incurred for a provisional
  licensed driver
• exceeding the speed limit in excess of 30
  km/h
• However, when a driver loses their licence, they
  may lodge an appeal with the court to either
  quash the suspension or reduce the period of
  suspension for certain offences.
• Where a driver loses their licence as a result of
  driving at a speed greater than 30km/h, they can
  appeal to the court who can remove the suspension
  or reduce it to a lesser period. In deciding
  whether to either quash or reduce the suspension,
  the court will take into account factors such as
  the character of the defendant (including their
  previous traffic record), the circumstances which
  surrounded the offence and their need for a
  licence. Medical reasons or the prospect of a
  defendant losing their job as a result of losing
  their licence due to a need to have access to a
  car can be taken into account by the court in
  determining the appeal. Mitigating factors such
  as the willingness of the defendant to attend at
  a traffic offenders program may also lead to a
  greater possibility of a successful appeal.
• While the suspension of a licence for a
  full-licensed driver as a result of the
  accumulation of too many demerit points cannot be
  appealed, there is the possibility of applying
  for a good behaviour licence. However, where an
  offence of two or greater demerit points is
  incurred, this will result in a period of
  suspension of the original suspension period
  being doubled or 6 months, whichever is the
  lesser. If an offence occurs while on a good
  behaviour licence there is no ability to conduct
  a licence appeal so the prospect of undertaking a
  licence appeal should be explored before a good
  behaviour licence is taken up.

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Removing or Quashing Habitual Offended
Declarations
A Habitual Offender Declaration can be appealed,
and the automatic 5 year suspension reduced or
removed. Our team of experienced lawyers can
advise you on the prospects of avoiding a
Habitual Offender Declaration, or make an
application that it be quashed. Importantly we
can also advise you as to the best time to make
such an application, which can be crucial to your
success.
The Law

• The following offences are some of the offences
  that are defined as relevant offences
• Driving recklessly or furiously.
• Driving at a speed or manner dangerous to the
  public.
• Negligent driving occasioning death or Grievous
  bodily harm.
• Menacing driving.
• Special range PCA.
• Low-range PCA.
• Mid-range PCA.
• High-range PCA.
• Refuse breath analysis.
• Drive under the influence of an alcohol or drug.
• Fail to stop and give assistance where a person
  is killed or injured.
• A speeding offence where the speed limit was
  exceeded by more than 30 km/hr.
• Driving whilst unlicensed when the person has
  never been licence.
• Driving whilst disqualified.
• Driving whilst cancelled.
• Driving whilst suspended.

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Drink Driving
Low Range PCA involves a fully licenced
driver/rider returning a reading of between 0.05
and 0.08 grams of alcohol per 100 millimetres of
blood or 210 litres of breath. This offence can
result in the imposition of disqualification for
up to 12 months and fines of up to 2200 for
second offences or disqualification for 6 months
and fines up to 1100 for first offences. Mid
Range PCA involves a fully licenced driver/rider
returning a reading of between 0.08 and 0.15
grams of alcohol per 100 millimetres of blood or
210 litres of breath. This offence can result in
the imposition of disqualification for up to 3
years, fines of up to 3300 and imprisonment for
up to 12 months for second offences or
disqualification for 12 months, fines up to 2200
and imprisonment for up to 9 months for first
offences. High Range PCA involves a fully
licenced driver/rider returning a reading of
above 0.15 grams of alcohol per 100 millimetres
of blood or 210 litres of breath. This offence
can result in the imposition of disqualification
for up to 5 years, fines of up to 5500 and
prison terms of up to 2 years for second offences
or disqualification for 3 years, fines up to
3300 and imprisonment for periods up to 18
months for first offences. Driving Under the
Influence of Drugs (DUI) - In NSW the Police have
the power to randomly stop drivers and test them
for the presence of cannabis, ecstasy and
methamphetamines. The penalties for such offences
mirror those for mid range PCA offences.
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Negligent Driving Causing Grievous Bodily Harm
In the most extreme cases negligent driving can
cause grievous bodily harm or even death. The
penalties applicable can result in imprisonment
for 10 years. Our experienced Criminal lawyers
have dealt with all types of driving offences,
and can analyse the evidence and circumstances
and provide you with the best advice and
representation.
The Law
Negligent Driving and Dangerous Driving

• The section which outlines this is mainly section
  52A, which refers to dangerous driving, There are
  varying degrees of dangerous driving although all
  are dealt with as indictable offences.
• S 52 of the Act outlines that
• death or grievous bodily harm is occasioned to
  someone
• through impact with a motor vehicle, directly or
  indirectly, or through the motor vehicle leaving
  the road or overturning
• provided that at the time of the impact, leaving
  the highway or overturning the driver of the
  vehicle was under the influence of alcohol or
  drugs or was driving in a speed or manner
  dangerous to other persons.
• There are mandatory penalties associated with
  these offences. These are 10 years for causing
  death and 7 years for causing grievous bodily
  harm whilst driving.
• Negligent driving causing grievous bodily harm or
  death are classed under s188 of the Road
  Transport (General) Act as a major traffic
  offence. Definitions of the offence of negligent
  driving can be found in section 42 of the Road
  Transport (Safety and Management) Act 1999, which
  states that
• A person must not drive a motor vehicle
  negligently on a road or road related area.

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Pathology Reports and Incorrect Breath Analysis
Results

• Breath analysis is provided for under the Road
  Transport (Safety and Management) Act 1999 as the
  technique which may be used to determine whether
  a driver has exceeded the prescribed
  concentration of alcohol which may be allowed for
  while driving. Following an arrest for a drink
  driving offence under s14 of the Act, a driver
  may be required by police to submit to a breath
  analysis following arrest under section 15(1) of
  the Act. The police officer must then provide the
  arrested driver with a written statement which
  contains the date and time of the breath test and
  the concentration of alcohol determined by the
  breath or blood test which was found to be
  present in the drivers blood or breath at that
  time.
• Where a person believes that the reading which
  was recorded on the breath analysis is actually
  incorrect, they may be able to apply s18.
• Under section 18 of the Act
• A person who is required under section 15 (1) to
  submit to a breath analysis may request the
  police officer making the requisition to arrange
  for a medical practitioner to take, in the
  presence of a police officer, a sample of that
  persons blood, for analysis in accordance with
  this section at that persons own expense
• The medical practitioner must, as soon as
  reasonably practicable after the sample of blood
  is taken, arrange for the sample to be submitted
  to a laboratory prescribed by the regulations for
  analysis by an analyst to determine the
  concentration of alcohol in the blood.
• The person from whom the sample was taken may,
  within 12 months after the taking of the sample,
  apply to the laboratory prescribed under this
  section for a portion of the sample to be sent,
  for analysis at that persons own expense, to a
  medical practitioner or laboratory nominated by
  the person.
• Where this reading is conclusive that the breath
  analysis reading was incorrect, this may be used
  by the driver as evidence that they in fact had
  not exceeded the prescribed content of alcohol.

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Driving an Uninsured or Unregistered Motor Vehicle
It is an offence to drive a vehicle which is
unregistered. A vehicle becomes unregistered when
the registration is not renewed by the expiry
date or when the registration is cancelled or
suspended. The maximum penalties for such an
offence for the driver of the unregistered
vehicle are 516 for a light vehicle and 1089
and 4 demerit points for a vehicle which weighs
greater than 4.5 tonnes. It should be noted
however, that unregistered vehicles may be driven
by the most direct or convenient route to the
nearest RTA so that they may be registered. It
is also an offence to drive a vehicle which is
uninsured. Compulsory Third Party (CTP) insurance
must be held on every motor vehicle which will be
driven in New South Wales. The penalties to be
imposed for this offence are the same as those to
be applied for driving an unregistered vehicle.
CTP insurance will also most likely not apply
while driving a motor vehicle which is
unregistered. The same penalties also apply for
both offences not only for the driver of the
vehicle but also for the last registered operator
of the vehicle.
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Traffic Offenders Program
Undertaking the Traffic Offenders Program can
maximise your prospects of receiving a lenient
sentence for a Driving Offence. Depending on
where it is held programmes can run over a couple
of days or for weekly sessions over 6 to 8 weeks
and usually consist of lectures and assignments.
At the completion of the program you will be
provided with an attendance record and
achievement report. Completion of this course or
an equivalent course is viewed favourably by the
Court as evidence of having taking positive steps
towards avoiding a repeat of your actions. The
Traffic Offenders Program is run at various
locations throughout New South Wales, and our
team of experienced lawyers can advise you
whether this course would benefit your
circumstances, provide you with the contact
details for the closest venue to you and also
attend Court on your behalf and have your matter
adjourned so that you may complete the program.
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About us
WMD Law is an established legal firm with a
forward-looking approach. Our firm is proud to
have been practicing law for over 40 years.
Formerly operating under the name Warren McKeon
Dickson Lawyers, we've shortened the name to
reflect our growth, maturity and contemporary
practice. Our dedication to quality,
understanding of the law, trust and respect are
the foundations for our long-standing
relationships with clients and the
community.Our lawyers are supported by well
trained administrative staff and an advanced
computer network for efficient file and case
management.Our clients benefit from the
considerable experience we have in negotiating
and implementing strategies to manage legal
problems and to provide advantages to our clients
in their business dealings.Please call us on
[phone] to receive FREE preliminary phone
advice or email wmd_at_wmdlaw.com.au
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Contact Us
Miranda - Head Office 24/20-24 Gibbs Street
Miranda, 2228 Phone [phone] Fax (02)
9526 2608 Email- wmd_at_wmdlaw.com.au Websi
te- http//www.wmdlaw.com.au