Traffic Offences

Traffic Offences

Speeding

Speeding is a strict liability offence. This means that there is an automatic presumption that you are guilty if caught speeding. The onus is on you to show that the presumption is incorrect, usually by the method of detection.

The defences to speeding are very limited. The defence of necessity can used if it was absolutely necessary for you to speed. If you were rushing someone suffering from a serious and acute medical condition to hospital, necessity would provide a reasonable defence. However, if you were rushing to get to an appointment, then necessity will not be a defence.

Another defence is to prove that the detection was inaccurate. This can be very difficult, but would usually be done by proving that:
  • The equipment used for the detection has not been calibrated and maintained according to the statutory requirements.
  • There was some type of interference between the detection device and the vehicle that could distort the recorded speed.
  • The photo taken, if a camera device, is not of your vehicle or that it does not match the line of the detection path.
  • An independent witness in the car who can testify that you were not speeding when passing the detection device.

The police must have used some type of equipment to detect your speed. A mere estimation without a detection device would generally be quite easily challenged in Court.

Red Lights

Going through a Red Light is a strict liability offence. This means that there is an automatic presumption that you are guilty if caught doing so. The onus is on you to show that the presumption is incorrect, usually by the method of detection.

The defences to going through a red light are very limited. One is the defence of necessity, this would be used where it was absolutely necessary for you to travel through the red light. If you were rushing someone to hospital suffering from a serious and acute medical condition, then necessity would provide a reasonable defence. However, if you were rushing to get to an appointment, then necessity will not be a defence.

Another defence is to prove that the detection was inaccurate. This can be very difficult, but would usually be done by proving that:
  • The equipment used for the detection has not been calibrated and maintained according to the statutory requirements.
  • There was some type of obstacle between your vehicle and the traffic lights that clearly blocked your line of site to the traffic lights. This could be trucks, trees or a combination of the two.
  • The amber light had not been activated for the statutory time period for the recorded speed limit.
  • The photo taken, if a camera device, is not of your vehicle or that it does not match the line of the detection path.

A red light camera operates through a plate installed in the road, which is positioned just before the stop line. If you are on the plate, then the cameras will not activate, if you move off the plate when the lights are red, then it activates. Therefore, if you have clearly moved into the intersection, you are waiting for the oncoming traffic to stop and you complete a turn when the light is red, then the camera will not activate.

This is because you are off the plate. Had you been on the plate, then there is a presumption that you should have remained on the plate until the lights went green again.

Amber Lights

The police can charge you with travelling through an amber light if, in there expert opinion, it was safe to stop on the amber light.

The obvious defence is to prove that it was not safe to stop. You can do this by proving that:
  • There were cars behind you when approaching the lights
  • The weather was poor and that the road surface was effected.
  • The weight or load of a vehicle was at maximum capacity.

If the police charge you with this offence, then their conversation with you is effectively an interview. If the police state quite clearly that there was nothing behind you, the weather was fine and you are not carrying a load, then it would become hard to disprove this. This will be easier to prove if the police make no such comments.

Whether it was safe to stop or not is quite a subjective thing. The police have to beyond doubt prove that it was safe to stop. You only need to raise an element of doubt that it was not safe in order to be successful at Court.

Drink Driving

Drink driving is a strict liability offence, which means there is an automatic presumption that you are guilty if caught doing so. The onus is on you to show that the presumption is incorrect, usually by requesting a blood test.

There is a mandatory loss of licence period for drink driving above a range of .07 that increases depending on the volume of alcohol in your blood. See the link below for the penalties applied to both first and second drink driving offenders.

https://www.vicroads.vic.gov.au/safety-and-road-rules/road-rules/penalties/drink-driving-penalties

The Magistrate must impose the mandatory penalty, but is under no obligation to not increase the mandatory penalty. If you have caused an accident, been unco-operative or shown no remorse for your actions, then the Magistrate may increase the penalty in light of this.

Usually there will be conditions imposed by the Court before your license will be reissued, such as attending a drink driving course. You will have to satisfy these conditions before your licence is restored. You may be required to attend Court to verify that you attended the drink driving course and to provide a summary of what you have done to change your behaviours since the offence.

For most drink driving offences the Magistrate will then decide how long an interlock device should be fitted for. You must then attend at Court after the interlock period to again provide a summary of how your behaviour has changed since the offence. If the Magistrate is satisfied that your behaviour has changed and you have not had any failed attempts on the interlock, then the Magistrate will order the removal of the interlock device. If you have had failed attempts on an interlock, then these will need to be explained.

Careless Driving

Careless driving is often imposed upon those who have caused an accident through carelessness. This could involve running into the back of someone or pulling out in front of someone. Careless driving may also be imposed if you are driving in any manner that the police consider to be careless, such as reaching around the car and not having proper care of the vehicle. It can also be imposed for hoon offences, such as screeching tyres or taking a corner to fast.

Careless driving is designed to cover a multiple of situations where the test is simply that the actions were careless. Careless driving requires the matter to be determined by a Magistrate. The Magistrate will examine the severity of the carelessness and impose an appropriate penalty. Such a penalty will consider your previous driving history. However, with a good driving history careless driving will not necessarily lead to a loss of licence.

Dangerous driving is a more serious form of careless driving, which can lead to a custodial sentence. Culpable driving is an even more serious form of dangerous driving. It is likely to lead to a custodial sentence, especially where it has caused a death.

Other Traffic Matters

The road and safety rules are full of regulations that make so many different things an offence on the road. If you have been issued with an infringement for any type of offence and you want to challenge the matter in Court then you should see a lawyer. Ultimately you want a lawyer to prepare your case and present it for you in Court. At a minimum, you should at least ask a lawyer for some general advice on how to prepare and present your defence.

Demerit Points

Demerit points are points that are given to you when you first obtain your licence. The amount of demerit points taken from you depends on the offence that was committed. The more serious the offence the more demerit points that will be lost.

Each driver is given twelve points, excluding probationary drivers who are given five points. The points lost for an offence lasts for three years. After three years the points are returned to you. If you lose over 12 points in a 3 year period or 5 points in a 12 month period (for probationary drivers),

you will be given a choice of:
  • Drive around for twelve months without losing one demerit point; or
  • Automatically lose your licence for one month for every four demerit points lost, or three months for probationary drivers

If you take the first option and lose one demerit point, you will lose your licence for double that of the second option. It is a bit of a lottery, as one point can be lost by failing to put your head lights on or travelling under 10km an hour over the limit.

A common misconception is that taking the matter to court will prevent loss of demerit points until the matter is heard. While it is true that the demerit points are held until you go to court, the demerit points will be backdated to the date of the offence if you are found guilty. Consequently, there is no advantage in taking the matter to court if you intend on pleading guilty. This will only prolong the demerit points.

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Family Law

We all go through changes in our lives and these can affect the relationships we are in. When a couple decides to go their separate ways, there are important issues that need to be attended to, such as the welfare of children involved, distribution of assets and parties’ entitlements.

Anthony Raso & Associates have had experience in family and defacto law for over 20 years and can advise what your entitlements are. We can provide you with all the options for your specific situation and obtain the necessary Court Orders you require.

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