More information on traffic law and driving offences:
|Drink Driving and Extraordinary Driver’s License (EDL)|
|Mobile Phone Use While Driving|
- Are you charged with Careless Driving? Dangerous Driving? Or Reckless Driving?
- What happens when you are charged with offences of these nature? Are they more serious than speeding? How are they so different?
There are many kinds of road traffic offences, ranging from simple speeding infringements, to convoluted truck driving charges, to dangerous driving occasioning death. Sometimes, the answer is simple, as the law can be fairly straightforward. Sometimes, it can be more complex.
There are instances where you will be told to attend a Police Station to participate in a Video Record of Interview. Regardless of whether it is a criminal offence or a road traffic offence, you will be cautioned, and advised that you have a right to speak to a lawyer.
You should take this opportunity to contact a criminal lawyer immediately. No one should participate in a video recorded interview without knowing the full repercussions of their admissions or omissions.
Aggravating Factors for both Dangerous and Reckless Driving
If you are charged with Dangerous Driving or Reckless Driving with ‘circumstances of aggravation’ attached to the offending, you should speak to our lawyers at WN legal immediately before speaking to the police. Some of these aggravated driving offences carry a mandatory term of imprisonment or minimum license disqualification provisions.
Under section 49AB(1) of the Road Traffic Act 1974 (WA), the definition of ‘circumstances of aggravation’ includes when:
- the person was unlawfully driving the vehicle concerned without the consent of the owner or person in charge of the vehicle; or,
- the person driving the vehicle concerned on a road at speed that exceed the speed limit applicable to the vehicle, or the length of road where the driving occurred, by 45km/hr or more; or,
- the person was driving the vehicle concerned to escape pursuit by a police officer.
It must be noted that it does not matter whether the pursuit was proceeding, or had been suspended, or terminated, at the time of the alleged offence.
Mandatory Imprisonment and Mandatory Disqualification
If you are convicted with Reckless Driving under circumstances of Aggravation, namely escaping pursuit by a Police Officer (first offence), the Court must sentence you to a term of at least 6 months’ imprisonment, with 2 years’driver’s licence disqualification. Under these circumstances, The Court is not allowed to suspend the term of imprisonment.If you are convicted with Dangerous Driving under circumstances of Aggravation, namely escaping pursuit by a Police Officer (second offence or more), the Court must disqualify the driver’s licence for a period of not less than 2 years, on top of fines and/or imprisonment terms.
Possible Defences to Road Traffic Offences
Like many other criminal and road traffic offences, the possible defences can range from dispute of the relevant factual matrix of the alleged offending, to available defences under written law.
Please consult with our Road Traffic Lawyers at WN Legal for further information about your matter.
With the ongoing changes to the Road Traffic Provisions, the Western Australian parliamentarians are continuously updating and amending the current laws, therefore road users need to take responsibility for their safety and the safety of others on the road.
This may also mean that your pre-conceived idea that you will received a certain penalty may change as various amendments to the law come into effect.
WN Legal’s Criminal Lawyers have extensive experience in Road Traffic Offences. We constantly keep ourselves in tune with the legislation to ensure that you are provided with accurate and sound legal advice.