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Have you been caught driving recklessly or furiously? Did you commit a traffic offence either accidentally or maybe intentionally? If you answered yes to either of those questions then this next one is important.
What options are available to me?
If you answered NO, then your very first step is to seek legal advice! Contact a lawyer who specializes in traffic offences and allow them to help you navigate the situation. Get advice on exactly what options are available to you and consequently, what penalties you may be looking at.
What legislation do I need to consult?
Depending on what type of offence you commit, you will need to consult either the Crimes Act 1900 or the Road Transport Act 2013. These two pieces of legislation cover the specifics of traffic offences and traffic related criminal offences whilst also detailing the level of seriousness and types of punishments that are associated.
It is always best to consult a lawyer if you are needing to consult any manner of criminal law or criminal law legislation. An experienced traffic lawyer or criminal defence lawyer will be able pinpoint which section of legislation your offence relates to and provide you with comprehensive advice regarding your options moving forward.
I have been caught driving recklessly, what do I do?
If you have been caught driving recklessly then you need to seek legal advice immediately. Reckless driving is an extremely serious offence as it is regarded as dangerous in nature. Speaking with a lawyer can not only help you build a defence but can help you lessen the anxiety which surrounds the process.
What will the court consider?
Reckless driving can result in serious injuries such as grievous bodily harm, or in some cases, death and can seriously impair not only your life but the lives of the wider community. This is one of the most important considerations for the court when determining your case. The court has to consider three important things:
- Punishment for the offence;
- Consideration of all the facts and circumstances; and
- Community deterrence.
Community deterrence is
The court will consider how best to punish your offence while keeping two key things in mind. They need to ensure that you suffer consequences for your actions (to the point where you are deterred from behaving in the same manner again) and they must consider what kind of punishment is fair in the circumstances. People’s physical and mental health is taken into account as well as any familial obligations they hold such as being a single parent or caring for the elderly. An incredibly important factor for the court to consider is whether this is your first offence or whether this is a subsequent offence. In the event it is your first offence, leniency can be given due to a history of good behaviour and character.
When considering punishment for your offence, each individual fact and circumstance of your offence must be taken into account. If we consider the hypothetical scenario discussed above, you will see that Bill had other circumstances which led to his state of mind when he decided to get behind the wheel and drive in a manner which was both reckless and dangerous. He had been drinking, he had been fighting with his wife and his emotions were running high and he had engaged in a physical fight which put him at unfavourable odds. It was only after all of those events that he engaged in dangerous driving leading to a police pursuit.
Lastly, community deterrence will be factored into the sentencing process. The court needs to ensure that the community is deterred from acting in the same manner you have which, unfortunately, is demonstrated by the level or lack of punishment received for the offence. If a dangerous driving offence was consistently resulting in a suspended sentence with community service requirements, then it is likely more people would engage in the behaviour because they would not fear the consequences to the same degree as a term of imprisonment.
What punishments might I receive?
Traffic offences can result in a range of possible punishments and are not restricted to just one form. In many instances, an individual may receive a fine along with a period of disqualification or even a term of imprisonment and a subsequent period of disqualification afterwards. The following is a brief list of the punishments/consequences you may be facing with the maximum penalty being a term of imprisonment:
- Period of licence disqualification;
- Monetary Fine;
- Conviction or non-conviction;
- Suspended sentence;
- Community Service order (more relevant to negligent or reckless driving cases)
- Term of Imprisonment; etc.
Does it benefit me to admit that what I did was wrong?
In short… YES! It will always benefit you to admit that what you did was wrong. If you committed the offence, chances are that the prosecution is going to be able to prove it. You can enhance your chance of receiving a lighter punishment if you end up pleading guilty for your offence. This saves the court both time and money from having a trial and allows the situation to be dealt with quickly. A plea in mitigation can still be heard in relation to the facts or circumstances which surrounded you committing the offence and this can have a large impact on the sentencing of your matter.
If you did not commit the offence you are accused of then there is no reason to plead guilty, but, if you did commit the offence some benefit can be had from telling the truth. In the event you choose to plead not guilty then the matter will need to be referred for a hearing or trial to determine your guilt beyond a reasonable doubt. This is a long and arduous process and it is one that should not be taken lightly. Seek legal advice immediately if you are in this position to give yourself the best chance at proving your innocence.
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Frequently Asked Questions.
Our lawyers cover a multitude of areas, including more serious offences. Including but not limited to:
Family Violence
Family violence is among the most common cases we encounter, with both men and women subject to institutional abuse. While it doesn’t necessarily entail sexual abuse, in many cases, it does, and sexual assault is part of the Criminal Code. We handle such cases with confidentiality and cautiousness to ensure the best possible compensation outcomes.
Children-related Issues
The children’s court is frequently confronted with issues of child protection, children’s rights, custody arrangements as a result of divorce, parental responsibilities, and more.
Because we understand how far the impacts of such situations can go in the memories of children, we work rapidly and efficiently to establish protective measures against children’s trauma and minimize time spent in a children’s court. You and your children are fully protected with us!
Drugs
We have a track record of achieving outstanding results when it comes to drug offence charges, ranging from demolishing the possibility of a criminal conviction, dropping charges through negotiations, securing “not guilty” verdicts in court trials, and more.
Our drug offences include commercial drug charges, drug importation charges, drug possession charges, and cultivating prohibited plant charges. We also work with minor possessions of prohibited drug offences, providing you with legal representation throughout the process!
Fraud
Fraud is considered one of the most scheming criminal offences, and accordingly, it is punished severely by the court system’s penal code and criminal code. As specified by Australia’s penal code, the penalties can go as high as ten years of imprisonment.
Accordingly, understanding the criminal law adequately and reaching out for professional legal advice to be your intermediary with the criminal justice system is a must. We specialize in forgery, identity crimes, tax fraud, Medicare fraud, and ID fraud.
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Contact Us
Jameson Law Offices
-
PO Box 73
Parramatta NSW 2124 - info@jamesonlaw.com.au
- 02 8806 0866
- 02 9052 0840
Contact Us
-
PO Box 73
Parramatta NSW 2124 - info@jamesonlaw.com.au
- 02 8806 0866
- 02 8046 6477
Jameson Law Offices
