Can I Get My Car License Disqualification Revoked?

 

If a court has taken away your licence, there are some things you can do to get it back. One way to do this is to file an appeal with the District Court. In some cases, the person can also request to remove the disqualification. We have looked into these choices in more depth below.

My licence Is Disqualified For Drink Driving. Can I Remove The Disqualification?

If you are found driving while your licence is suspended or driving under the influence, you will lose it permanently. This can only be avoided if there is no record of a conviction. If you have already been charged and convicted, you can go to the District Court to try to change it. The appeal must be filed within 28 days, however. If a judge agrees with the request and doesn’t record a conviction, the time the person can’t drive won’t be in effect anymore.

But if the judge decides that the conviction should stand, you can ask for a shorter time if you can’t drive. To do this, you must show proof that you need a licence. This can be anything from a job contract to a medical record.

Getting Rid Of Licence Suspension Periods

If you missed the deadline to appeal the Local Court’s decision, the time you can’t drive would still be in effect. But if there has been a “period without an offence,” an application can be made to eliminate the ban. In other words, you have done everything right on the road. So depending on the type of crime you were disqualified for, you will have to stay out of trouble for 2 or 4 years. You can’t ask to remove the Car disqualification lifted if you were disqualified for a serious crime, for example, Police Pursuit or Dangerous Driving Causing Death or Grievous Bodily Harm.

Getting A Suspended Licence Back

The methods outlined above only apply to disqualification periods. For instance, if you have lost your licence due to a suspension, you have several options. First, the police or the RMS can issue a licence suspension. As a result, the Court has the authority to reconsider this decision.

What you will need

• Your identification documents, as specified on the form
• Your concession card information (if applicable)
• Your previous driver’s licence (if you have it)
• Your glasses or contact lenses (if you wear them)
• Your medical history (if applicable)
• The PDF documents:
• ‘Licence Application’ and ‘Good Behaviour Election/Acknowledgement’ are the two options.

Provided You Are A Disqualified Driver, You May Apply To Have All Of Your Disqualification Periods Lifted If You Meet The Following Requirements

Any current disqualification periods you have due to one or more of the following offences.

• Driving with a specified alcohol content
• Driving while high on drugs (driving with an illicit substance in the bloodstream)
• If you ride over the speed limit by more than 30 or 45 km/h, you will get a ticket
• Driving rashly, fiercely, dangerously, or at an unsafe speed
• You have not been convicted of a driving offence in the previous two years.

Is there Anyone Who Cannot Apply?

If you have ever been found guilty of one or more of the following crimes, you won’t be able to ask for your ban to be lifted:

1. Unsafe driving
2. Careless driving that leads to death or serious injuries
3. Crimes Act offences include driving dangerously on purpose or not stopping to help after a crash
4. Those on a mandated interlock programme are ineligible to apply as well

What Happens If You Drive While Disqualified?

If caught driving while disqualified, you will be charged with disqualified driving and have to appear in Court. If the charge is substantiated, the Court will disqualify you for at least two years and up to five years, impose a hefty fine, and sentence you to 18 months in prison.

We Can Assist You

Platinum Lawyers’ lawyers are traffic law experts. We give first-rate legal counsel. That is why we provide a free initial consultation so you can ask questions and get professional guidance. Call us today at (02) 8084 2764.

Charges After A Car Accident – What Are Your Rights?

 

It is essential to understand what charges can result from a traffic accident in Sydney, NSW as a driver. You must follow strict requirements when you are involved in a traffic accident on public roads.

These rules cover exchanging details with the different motorists involved, cooperating with police, and assisting injured people. Several charges can occur after a road accident in NSW. In this article, we will summarise these offences and penalties.

What Are the Offences Associated with Road Accidents In Sydney?

 Section 146 of The Road Transport Act 2013 requires the driver involved in a traffic accident to stop and provide all necessary assistance in their ability to any injured people at the scene. Where a person is involved in an impact occasioning the death of, or injury to, another person fails to stop and give any assistance to those injured persons, they can be liable to a fine of $3,300 and/or imprisonment for 18 months.

Section 52AB of The Crimes Act 1900 declares that if a person sustains grievous bodily harm, or a severe and permanent injury as a result of a car accident, the driver of a vehicle involved in the accident must stop and assist those injured persons. Failure to do so carries a maximum penalty of imprisonment of up to 7 years.

Any persons involved in a car accident, whether it be a major or a minor accident, must stop and exchange particulars with the driver/s of the other vehicle. This is stipulated under Regulation 287 of the Road Rules which requires that any persons involved in a car accident must obtain the following from the other driver:

• the driver’s name and address, and
• the name and address of the owner of the driver’s vehicle, and
• the vehicle’s registration number (if any), and
• any other information necessary to identify the vehicle.

You must also provide a short description and explanation of the circumstances of the incident to any relevant police officer.

The driver must also give the other driver’s required particulars, as soon as possible or except within exceptional circumstances, within 24 hours after the crash, to a police officer if:

• anyone is killed or injured in the crash; or
• a driver does not, for any reason, give the driver’s required particulars to each person mentioned in subrule (2); or
• the required particulars for any other driver involved in the crash are not given to the driver; or
• a vehicle involved in the crash is towed or carried away by another vehicle (except if another law of this jurisdiction provides that the crash is not required to be reported); or
• the police officer asks for any of the required particulars.

Failure to exchange particulars or provide particulars to the Police will result in a court-imposed fine of up to $2,200.

Driving An Unregistered Or Uninsured Motor Vehicle

Traffic laws in Sydney require every motor vehicle that is driven on the road to be registered and insured.

Section 8(1)(a) of the Motor Vehicles Compensation Act 1999 states that a person is guilty of an offence if they use a motor vehicle that is not insured on a road or causes or permit another person to use such an uninsured motor vehicle on the road. The Court can impose a maximum fine of $5,500.

It is a defence to this offence if you can establish that you had reasonable grounds for believing and did in fact believe that the motor vehicle was insured at the time of the offence.

Section 68(1) of the Road Transport Act 2013 also makes it an offence for a person to drive and use an unregistered registrable vehicle on a road. The Court can impose a maximum fine of $2,200.

 Driving Suspended Or Unlicensed

The penalties and charges that apply to unlicensed/suspended drivers in Sydney are listed below       

Pursuant to section 53(1) of the Road Transport Act 2013 (NSW), you are committing an offence if you drive a motor vehicle on any road without holding a valid driver’s licence. You must be holding the appropriate class of driver’s licence depending on the type of vehicle you are driving.

Under section 53(3) of the Road Transport Act 2013, you are also deemed to drive unlicensed if you are driving a motor vehicle and have never been licensed to do so.  You are considered to be driving unlicensed if you have never held a driver’s licence in Australia in the 5 years immediately before you committed the offence. You are also deemed to be driving unlicensed if you do have a driver’s licence for the previous 5 years but have failed to renew your licence.

The Court can impose a maximum fine of $2,200 (for a first-time offender) or $3,300 and/or 6 months of imprisonment (for a second or subsequent offence).

Section 54 of the Road Transport Act 2013 also makes it an offence to drive a motor vehicle on a road whilst your driver’s licence is disqualified, or your licence is suspended or cancelled. The maximum penalty that can be imposed is a fine of $3,300 and/or imprisonment for 6 months (for a first-time offender); or a fine of $5,500 and/or imprisonment for 12 months (for a second or subsequent offence).

Your driver’s licence can also be cancelled or suspended if you fail to pay a fine. Under section 54(5) of the Road Transport Act, if you are caught driving with a cancelled or suspended driver’s licence due to the non-payment of a fine, the court can impose of a fine of $3,300 and/or imprisonment for 6 months (for a first-time offender); or a fine of $5,500 and/or imprisonment for 12 months (for a second or subsequent offence).

 Negligent Driving

 It is an offence to drive negligently on NSW roads. Negligent driving is not defined in the Road Transport Act 2013; however, the courts have held that it involves driving in a manner that falls short of the standard requirements of an ordinary driver. To be negligent refers to the failure to exercise care.

Examples of negligent driving, including but are not limited to:

 

• driving and excessively exceeding the designated speed limit given the condition of the road;
• Driving in close proximity to other cars so as to obstruct your full vision of the road;
• Not providing enough notice when indicating to change directions;
• Not reducing your speed or taking caution when driving at intersections; and
• Driving recklessly and in a risky manner.

When considering whether you were driving negligently, the court will consider the following circumstances of the offence:

• The nature, condition and use of the road on which the offence is alleged to have been committed;
• The amount of traffic that actually is at the time, or which might reasonably be expected to be on the road; and
• Any obstructions or hazards on the road (including broken down or crashed vehicles, fallen loads and accident or emergency scenes).

If a motorist drives carelessly and causes the death of another person, they suffer a penalty of a fine of up to $3,300 and/or 18 months imprisonment (for a first-time offender); or a fine of $5,500 and/or imprisonment of 2 years (for a second or subsequent offence)

If a motorist drives negligently so as to cause grievous bodily harm, a fine of $2,200 and/or imprisonment for 9 months can be imposed (for a first-time offender); or a fine of $3,300 and/or imprisonment of 12 months (for a second or subsequent offender).

If you are found guilty of driving negligently however not causing the death or grievous bodily harm of any person, a maximum fine of $1,100 can be imposed.

Dangerous Driving Causing Injury In Sydney NSW

 The Crimes Act also carries hefty penalties for drivers who cause the death of another person in an accident when the motorist was under the influence of alcohol or drugs, driving at a critical speed or in a hazardous manner. This is known as dangerous driving.

A motorist sentenced to dangerous driving faces a maximum penalty of 10 years imprisonment.

If the driver surpassed the prescribed alcohol concentration, was exceeding the speed limit of more than 45 km/h, was attempting to escape a police chase, or was heavily impaired by drugs, the offence becomes complicated and the maximum penalty may be imposed is 14 years’ imprisonment.

Your rights and obligations

 You have a universal right to remain silent when approached by police. However, you must provide your name and address and Australian driver’s licence details if required by police at the crash scene. Failure to do so may attract a fine of $2,200.

You may also be questioned about the details of the accident. It is always sensible to comply with a regulation given by a police officer. Nevertheless, if you have not been arrested, you do not have to go with the police to the station for interrogation. You should check with the officer whether you must answer or comply before doing so and check these obligations with your lawyer.

Contact Platinum Lawyers for Assistance Regarding Road Accidents

At Platinum Lawyers we understand how stressful it can be when you are involved in a car accident or have been charged with a driving offence. Our expert team is here to help you and guide you through the process. There are many car dealers who buy accident cars for cash in Sydney, Mega car removal is your local accident car buyer.

 

Call (02) 8084 2764 to get in touch with us for all traffic offences, divorce, criminal, and property law issues.

 

Flawed Flash – An Overview Of Red Light Camera Mistakes And Wrong Fines

 

What Are Red-Light Cameras?

Red-light speed cameras are crucial in minimising traffic accidents. Speeding increases the likelihood of a collision and the danger of death or severe injury. Running red lights can result in devastating T-bone collisions or collisions with people. The red light or safety cameras are attached to sensors under the first white stop line and are connected to the traffic signal. But at times, due to flawed flash, one can be charged with wrong red light camera fine.

What Are The Functions Of Red-Light Cameras?

When a car passes the white line on a red light, the camera is activated. The camera takes two photographs, one of the vehicle’s rear as it crosses the white line and the other half a second later, to demonstrate that it entered the intersection while the light was red. The camera may take the first shot if you cross the stop line more than 0.3 seconds after the light turns red. As a result, it will not photograph drivers approaching the crossing on a yellow signal.

The camera records the bearing you were travelling, as far as possible, and your actual speed, notwithstanding the offence’s date, time, and spot. Two infringements instead of one if you accelerate up to make a light. Remember that the camera will trigger the camera’s speeding feature regardless of the colour of the light.

It’s not uncommon for red-light cameras to capture trucks in the wrong light. Passing through traffic lights and seeing the flash go off is a surfier way to ruin your day. It almost always implies a fine, and three demerit points are on the way. Those points are a significant concern for professional drivers who cannot afford to lose their licence.

Most individuals believe that the cameras are accurate and typically correct. However, cameras can make mistakes from time to time, and heavy vehicle drivers, in my experience, are particularly vulnerable.

If you missed the camera’s flash, this is also the first time you’ll know you’ve been captured by a red-light camera, with photographic evidence usually removing any doubt.

While red-light cameras are deployed at significant intersections across the country to reduce the number of accidents and the resulting injuries or deaths, they are also huge businesses, bringing in millions of dollars.

The issue occurs as a result of the nature of big trucks. They’re longer, have several axles, and go more slowly through the intersection.

Here are some of the questions to keep in mind before driving in NSW:

1. Do you lose a points for red light camera NSW?

In New South Wales (NSW), if a driver runs a red light at an intersection where a red-light
camera is installed, they may receive a fine.
The fine for red light detected by a camera in NSW is maximum $464 and 3 demerit points
(Double demerits apply for speeding offences during long weekends and holiday periods).

2. What counts as running a red light in NSW?

Revenue NSW, which is responsible for processing fines and penalties related to red light
camera offences in NSW, reviews all images captured by red light cameras to ensure that a
vehicle has indeed proceeded through a red light at an intersection before taking any
enforcement action.

3. How long does it take for a fine to come in the email?

The average time to receive a speed camera fine is about two weeks in most states in
Australia. However, in NSW, it can take up to 28 days for the registered owner of a vehicle
to receive a penalty notice for a speed camera offence.

4. Is it important to nominate a driver for company cars to avoid
heavy fines?

If the company does not nominate the driver, then the camera detected fines issued to
companies are FIVE TIMES the amount paid by an individual The company is required to
nominate the driver responsible for the offence within the specified time frame.

5. Is it legal to pass red light camera in NSW if it is urgent?

It is important to note that if a driver decides to break traffic rules e.g. proceed through a red
traffic light in order to yield to an emergency vehicle. They should do so in a safe and
responsible manner.

Therefore it is important to note that red light cameras are designed to improve road safety by
discouraging drivers from running red lights, which can be dangerous and result in
accidents.

The Use Of Red-Light Cameras Is Fraught With Controversy

These are automatic ticketing systems installed at busy intersections and are designed to identify when a driver reaches the junction when the light is red. If this is recognised, the camera will collect numerous vehicle photographs while the infraction is processed. The motorist will receive an unwanted surprise in the mail a few weeks later!

Red light cameras are designed with built-in protections to prevent Wrong red-light camera fines from being issued improperly. Those precautions should ensure that the camera is only activated if the vehicle’s front wheels enter the junction after the lights turn red. However, they should not be fined when the light changes because their front wheels are already in the intersection.

It would seem reasonable to assume that getting the fine withdrawn would be simple in this circumstance. Unfortunately, it can be more sophisticated than it needs to be, as it appears to be the case with many traffic enforcement systems.

There is Video Evidence For Wrong Red-Light Cameras

Many red-light cameras (at least in New South Wales, where my practice is headquartered) capture a video of the incident, but you won’t usually be given a copy. This is essential information to know if you’re appealing a wrongly imposed citation. Instead, you’ll get still photos that don’t prove when you approached the intersection conclusively.

It can be challenging to get the fine dropped without that crucial piece of evidence. The goal is to get the appropriate authority to thoroughly examine the footage. If you believe a red light penalty you got is incorrect, the first step is to contact Revenue NSW and request an internal review. We can explain what happened in detail and request that they thoroughly analyse the footage.

This method has helped me have Wrong red-light camera fine withdrawn. However, internal reviews are occasionally incorrectly denied, which is unfortunate. In that situation, the next step is to file a lawsuit to contest the fine.

At this point, we can frequently request that the prosecution lawyers review the footage. The case is frequently dismissed if the evidence establishes that the car was in the intersection when the light turned red.

According to certain red-light effect studies, the introduction of red-light cameras may result in a modest increase in rear-end collisions. This, however, pales in comparison to the decrease in the incidence of right-angle and other high-impact crashes, which result in far more fatalities and serious injuries. The disadvantage of this procedure is that it entails dangers. If things don’t go your way, the magistrate has the authority to enhance the penalty. In addition to a conviction, you may face a bill for court expenses and fines.

One of the most aggravating things about being a traffic lawyer is dealing with this. It should never be necessary for someone wrongfully fined to decide whether or not fighting their case is worth the risk.

What to do when I receive a Wrong Red-Light Camera fine?

The information we need to confirm what happened, such as the video, should be more readily available, and charges should always be dropped if the video reveals a mistake. Until access to the video becomes commonplace, your best choice is generally to get legal advice from a traffic lawyer.

Our traffic offence lawyers can assist you if you still believe the fine was imposed incorrectly. We can help you obtain a good review and/or explain the facts surrounding the alleged offence to Revenue NSW. For example, if Revenue NSW analyses the fine and concludes that the penalty was legitimately issued, we can help you take your case to court.

We at Platinum Lawyers will assist you in determining the best strategy for your circumstance and avoiding the dangers. We are a client-focused, service-oriented company, and our lawyers take great care to form strong bonds with their clients. In addition, we provide one-on-one assistance to comprehend your requirements and deliver superior solutions.

Platinum Lawyers understands that our customers will require different types of legal assistance at other times in their lives. Therefore, our goal is to establish a relationship with our clients to know where to turn for all of their legal requirements.

If you face a red-light camera violation, you should seek legal guidance as quickly as possible. However, there are deadlines for paying the fine or filing a dispute. Our traffic law experts can advise you on potential defences and whether you might be eligible for leniency.

For additional information, call (02) 8084 2764.