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Traffic Offences

What is the traffic offenders program?

The PCYC runs a driver education and awareness program – known as the Traffic Offenders Program (TOP). TOPs covers a range of topics including and not limited to drugs and alcohol on the effects of driving, road rules and what to do in emergency situations.

Attendance requirements are one 2 hour class per week for a period of 6 weeks. Upon completion, participants will need to complete a reflection task and are issued with a Certificate of Completion. All of which can be handed up in Court to assist in your matter.

It is not unusual for to direct defendants charged with driving offences to complete the program prior to sentencing. It also helps those who are asking for leniency to complete the program as a way of showing the Magistrate that you will not re-offend.

Our experienced traffic lawyers can assist you in painting the best picture possible to the Magistrate in order for you to get the best possible outcome. Call Platinum Lawyers on 8084 2764 for assistance today.

Drink Driving and Imprisonment

Depending on the circumstances of the offence, your traffic record and your criminal record, gaol may be a possibility. Drink Driving is also categorised into 3 categories or ranges:

  • Low range PCA – does not carry a term of imprisonment as its maximum penalty.
  • Mid range PCA – maximum penalty of 9months imprisonment if first offence;maximum penalty of 12 months imprisonment if second offence
  • High range PCA – maximum penalty of 18 months imprisonment if first offence;maximum penalty of 2 years imprisonment if second offence

A ‘second offence’ is defined as a ‘second offence’ if it is your second or subsequent major offence within a period of 5 years. Repeat offending, including repeat drink driving offences, will inevitably bring you closer to full – time custody.

What are the penalties for mid-range drink driving?

If it is your first offence, the penalties are:

  • Minimum licence disqualification of 6 months
  • Automatic licence disqualification of 12 months
  • Maximum fine of $2200
  • Maximum term of imprisonment of 9 months

If it is your second or subsequent offence in the space of 5 years, the penalties are:

  • Minimum licence disqualification of 12 months
  • Automatic licence disqualification of 3 years
  • Maximum fine of $3300
  • Maximum term of imprisonment of 12 months

We offer competitive fixed costs on almost all Criminal and Traffic Matters

At Platinum Lawyers we feel that our clients are best served by knowing from the start how much their matter is going to cost them.

Fixed Fees means you know from the start how much you have to pay AND there are no hidden charges.
We offer competitive fixed costs on almost all criminal and traffic matters and provide an affordable service to all our clients.

Please send us an enquiry or simply call and speak with one of our experienced Traffic or Criminal Lawyers.

Please note:

– Any disbursements we incur on your behalf will be in addition to the fixed fee.
– All court attendances are up to and including one day in court. Any further court attendances will be charged at an hourly rate.

Licence Appeals

There are two types of licence appeals – Suspension by the Police and Suspension by the RMS.

Police suspension

If you are caught speeding more than 30 km/hr over the speed limit or for speeding more than 45 km/hr over the speed limit the police can issue an ‘on the spot’ licence suspension.  If this happened to you, and you want to challenge the suspension, an application must be filed at your closest Local Court – under Section 45 of the Local Court Act 2007. Once the matter is in court, two options are made available to you:

  1. Plead guilty – seek a Section 10 (a plea of guilty where no conviction is recorded) or
  2. Plead not guilty – for any number of reasons (e.g. you were not the driver or you were not travelling at the alleged speed).

RMS suspension

The Roads and Maritime Services (RMS) can suspend your licence if you have exceeded the maximum number of demerit points. Each license category is provided below:

  • Unrestricted licence – 13 points
  • Professional drivers – 14 points.
  • Provisional P2 licence – 7 points
  • Provisional P1 licence – 4 points
  • Learner licence – 4 points

Individual penalties may carry with it certain number of demerit points. Depending on the license category you fall in, your license may be suspended if you exceed the allowed number of demerit points.

Upon receiving a suspension notice from the RMS, you have 28 days in which to file a licence appeal at your nearest local court.

The legal test for both types of appeals in terms of maintaining a driver’s licence is whether you are a ‘fit and proper person’ to hold a licence. The court will have regards to your age, your driving record, your need for a licence and any other personal circumstances.

Here at Platinum Lawyers, we are equipped with preparing your licence appeal application. Our lawyers will file all necessary documents and represent you at court in order to give you the best opportunity in keeping your license.

Traffic Offences & Criminal Lawyer

 

Can I get a Section 10 for mid-range drink driving?

Having outlined the penalties for mid-range drink driving above, it is possible to get a Section 10 for a mid-range drink driving charge. A Section 10 means that despite a plea of guilty, no conviction is recorded and you do not face a licence disqualification period.

For the best shot at getting a Section 10, you should obtain some character references that refer to your prior good character, your need for a licence, your financial circumstances and any other relevant matter. You should also complete the Traffic Offenders Program. Usually, the police will suspend your licence as soon as you are charged. The court will also consider the time that you have spent off the road in their decision to grant a Section 10.

Section 10s are not readily provided and you will need to obtain good legal representation especially if you are charged with mid-range drink driving.

Call Platinum Lawyers on (02) 8084 2764 to speak to one of our experienced traffic lawyers.

 

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