Traffic & Criminal

Our knowledge of the law and experience can help you mitigate your penalty. We can negotiate with the prosecution before the matter even gets to trial. Presenting your applications correctly means things get done right the first time.

We know how to present evidence correctly. The rules of evidence can be complex, knowing what questions to ask and what arguments to make can ultimately change the outcome of the case.

We fight to defend your rights and ensure the best possible outcome for you.

In criminal cases, the prosecutor must convince the judge that you committed the offence ‘beyond a reasonable doubt’. This means that the judge must be sure that you:

• did what the prosecution alleges you did and
• have no lawful excuse or defence for doing so.

What the prosecutor has to prove depends on the offence and the evidence they have.

A defence is an explanation or reason that suggests you should not be found guilty of a charge.

A defence may be:

• a denial that you did what the prosecutor says you did. For example, for a charge of drive while disqualified, a defence would be that you did not drive, or that you were not disqualified from driving at the time.
• that you have a legal excuse or justification for your actions.

Knowing whether you have a defence requires in-depth knowledge of the law. You should get legal advice as soon as you can.

A driving offence is when someone driving a vehicle, or someone in a vehicle, breaks a law.

For some driving offences, the driving needs to have taken place on a ‘road or road related area’. A road or road related area is more than just a public road, it includes:

• a public street
• the area that divides a road
• a footpath or nature strip next to a road
• a public area designed for cyclists or animals
• a public area that is not a road, but is open for the use of the public to drive, ride or park vehicles.

For some serious driving offences, the police can suspend your licence on the spot. If you get too many demerit points or if you don’t pay a fine, you licence can be suspended.

For some serious driving offences, the police can:

• impound your vehicle, and/or
• confiscate your number plates.

Some serious driving offences can result in imprisonment. For example, if you are convicted of driving under the influence of drugs or alcohol, or dangerous driving, the court can potentially sentence you to prison.

Depending on the type of licence you hold, you may have different demerit point limits and different consequences for exceeding the point limit. It is vital that you contact us to avoid a potentially long disqualification period.

For more information, click here.

When you run out of demerit points, you are sometimes given the chance to elect for a “Good Driving Behaviour Period”. It allows you to keep your driver licence and continue to drive so long as you comply with the rules.

For more information, click here.