Canberra Traffic Lawyers

Speeding Infringements in Canberra

Most speeding infringements will result in the driver being pulled over and receiving an on the spot fine, demerit points and/or an automatic licence suspension, however some speeding offences will be dealt with in court. This could be because the allegations are very serious, because the accused denies the allegations or because there are other associated charges.

If a driver chooses to have a speeding matter heard in court, they will have the opportunity to make submissions to the court and to call evidence. They might want to make submissions and explain the mitigating circumstances surrounding the offence in a plea for a more lenient penalty. Alternately, they may want to contest the offence –  for example, by arguing that they sped out of necessity as their wife was in labour and they needed to get to the hospital.

If you want to defend a traffic charge, contact our Canberra Traffic Lawyers on 1300 038 223.

Drink Driving in Canberra

DUI is driving under the influence of drugs and/or alcohol. The courts take offences of driving under the influence very seriously.

The maximum penalty for a first DUI offence is a fine of up to $2,250 and/or nine months imprisonment. Subsequent offences attract a fine of up to $3,000 and/or 12 months imprisonment. Those who repeatedly drive under the influence could be disqualified from holding a driver’s licence for up to five years.

It is important to contact Armstrong Legal’s Canberra traffic lawyers if you have been charged with a DUI offence. They will explain your options and identify any applicable defences. In some situations they can negotiate to have the charge reduced to a less serious offence. If it’s your first time appearing in court it may be appropriate to ask the court to offer you a Section 10 Dismissal which means you will not get a criminal record.

All cases are different so it’s in your best interests to speak to a Canberra traffic lawyer about the circumstances surrounding the allegations, penalties and possible defences you might be able to argue.

Obtaining a Restricted Licence in the Australian Capital Territory

If you’ve been convicted of driving under the influence in Canberra it’s essential that you enlist the services of a Canberra traffic lawyer to help you fight your case.

In the most serious cases of DUI you are facing a prison sentence and a license suspension. The severity of the punishment is determined by the severity of the offence and your driving history and character, which is why it’s important to have an experienced traffic lawyer who will put all the factors in your favour before the court.

If you require your driver’s licence for work then a licence suspension could mean that you lose your job. In this situation, Our Canberra traffic lawyers may be able to help you apply for a restricted licence to allow you to continue driving for work. If you are issued with a restricted licence, certain conditions may be imposed so you can continue driving. If you breach any of the conditions then you may lose your licence entirely and could be charged with another traffic offence.

Canberra Alcohol Ignition Interlock Program

If you were disqualified from driving by the court for a drink driving or drug driving offence then before you can drive again you’ll need to participate and complete an alcohol and drug awareness course and Alcohol Ignition Interlock Program administered by the ACT Government. If you contravene an interlock condition on your licence then you could be charge with an offence under the Road Transport (Driver Licensing) Act 1999.

If you’ve been charged with a traffic offence, speak to a Canberra traffic lawyer about your options.

Unlicensed Suspended Disqualified Driving Lawyers Canberra

Driving without a valid licence is an offence which attracts tough penalties. The penalty depends on the offence that you have committed.

Driving whilst unlicensed

Under the Road Transport (Driver Licensing) Act 1999 (ACT) it is an offence to drive without a valid Australian drivers licence. The maximum penalty is a fine of $3,000 however in most instances you’ll receive a penalty notice of $534. If you have not held a licence in the last five years you will be treated by the court as if you have never held a licence. If you repeatedly commit the offence then the maximum penalty increases to $7,500 and/or six months imprisonment.

Driving whilst suspended in Canberra

A licence suspension is a court-imposed period under which you are not permitted to drive a vehicle. Driving while your licence is suspended is an offence that carries a maximum penalty of $3,000, however, the most common penalty is a $534 infringement notice. Driving while suspended will also lead to a further suspension for a period of between one and three months depending on the circumstances. If you have been charged with driving while suspended or would like to contest your suspension, it’s imperative that you speak to an experienced Canberra traffic lawyer who can advocate on your behalf.

Driving whilst disqualified

It is an offence to drive in the ACT while disqualified from driving. In the ACT, you can be convicted of this offence if your licence is suspended in another Australian jurisdiction. The maximum penalty for a first offence is a $7,500 fine and/or six months imprisonment. If you drive whilst disqualified you will receive a further 12-24 month disqualification, so if you have only one month left on your current disqualification period it will increase to 13-25 months. If you are a repeat offender the maximum penalty is $15,000 and/or 12 months imprisonment.

Dangerous and Negligent Driving Lawyers Canberra

Dangerous driving and negligent driving are separate traffic offences, each with severe penalties that are determined by whether or not anyone was injured while carrying out the offence.

Dangerous driving includes:

• driving over the legal blood alcohol limit;
• driving under the influence of drugs;
• driving over the legal speed limit;
• driving in a manner that endangers the lives of other road users;
• failing to stop when requested to by the police.

Matters involving dangerous driving will be heard in the Magistrates Court or the Supreme Court and there is a strong likelihood that the penalty imposed will be imprisonment.

Negligent driving

When determining whether to charge a person with negligent driving, the police will consider the condition of the area, the amount of traffic and how a reasonable person could be expected to drive under the circumstances. It’s a very broad area however there are three specific offences:

• negligent driving not occasioning death or grievous bodily harm;
• negligent driving occasioning grievous bodily harm;
• negligent driving occasioning death.

The less serious of the three will be dealt with by the issuing of a penalty notice whereas the more serious will be dealt with in court and you could face a criminal conviction so it’s wise to contact an Armstrong Legal traffic lawyer to help you with your case.