0
TL-Dangerous-Driving

Reckless and Dangerous Driving | Penalties and Legal Action

Blog & Articles, Criminal Defence Lawyer, Criminal Law, Litigation, Litigation Lawyers, Tang Law, Traffic Offence

If you are caught driving a motor vehicle on any length of road in Western Australia above the speed limit designated for that section of road, then you will receive a penalty. The penalty changes and gets higher (usually in terms of a fine and/or license disqualification received) depending on how far over the speed limit you are travelling at the time.

If the police consider your driving to be inherently dangerous, or in the circumstances a danger to the public or any person, then you can be charged with Driving in a Reckless Manner. One of the factors that automatically makes a person’s manner of driving Reckless is if they are travelling over 155km/h or 45km/h over the speed limit on any stretch road.

Penalties for Driving at Reckless Speed

The penalties for driving in a Reckless Manner or at Reckless Speed are contained in the Road Traffic Act 1974 (WA) and vary depending on the situation. In all circumstances however, an offender charged under these sections of the Road Traffic Act is liable to serve a potential term of imprisonment and will lose their license for at least 6 months.

If prison is avoided (which it can be in most situations) then offenders still face some pretty big fines, to go along with the loss of license. These include:

  • A fine of up to $6,000 for a first offence
  • A fine of up to $9,000 for a second offence
  • A fine of up to $12,000 for any subsequent offence

The penalties involved in any particular case vary and take into account many different factors, however, in most cases they are not fixed and can be kept to a minimum with good legal representation.

What to do if you are charged with Driving at Reckless Speed

If you are caught driving at a speed that is considered reckless according to either of the 2 above criteria from the Road Traffic Act, then you will be given a summons to appear at court and should seek legal representation as soon as possible.

Tang Law’s team of lawyers can help to minimize the effect of the charge and get you the lowest penalty possible; keeping the license disqualification period to a minimum, making sure the fine is well below the maximum and keeping you out of jail!

What can you expect from an experienced traffic lawyer?

An effective and experience traffic lawyer will:

  1. Always, fully examine your situation (including all material facts giving rise to and circumstances surrounding the charge;
  2. Determine the likely and realistic consequences the charge will have on you;
  3. Understand your personal circumstance and provide you with effective options on defending you or mitigating your situation;
  4. Undertake effective communication and negotiation with Police Prosecution;
  5. Obtain useful character references; and
  6. All importantly, professional and effective representation in court to defend you and present your best possible case

For more information, please contact the writer, Mr Adam Ward, Associate Lawyer, at TANG LAW at 9328 7525 or [email protected].

#Traffic Offences for Driving Without a License #Criminal Law

About Writer

Adam Ward was admitted into the legal profession in the Supreme Court of Western Australia in 2015 and joined Tang Law in May 2019. Mr Ward is an experience Criminal and Traffic Lawyer with extensive experience in representing clients in Courts on all issues relating to Traffic Law, Criminal Law, and Criminal Injury Compensation.

0
ali-arif-soydas-cLyzTUY3nIA

Subsequent Offences for Driving Without a License

Blog & Articles, Criminal Law, Litigation Lawyers, Tang Law

There are serious consequences for driving without a license in Western Australia as it is an offence under the Road Traffic Act 1974 (WA). Section 49 of this Act, “No Authority to Drive”, outlines the provisions of the many forms that this offence can occur.

What constitutes a No Authority to Drive charge?

An unlicensed driver can be charged with No Authority to Drive whether you have never had a license, are currently disqualified from driving for any reason for a period of time or have been banned from driving and had your licensed cancelled.

Section 49 of the Road Traffic Act is more complicated than it may seem at first glance. It outlines the many ways in which an unlicensed driver can be charged with the offence for driving without a license, and sets out the mandatory penalty ranges that apply in each case, but also takes into account differing penalties (including possible prison sentences) for repeat offenders. There are even mandatory sentencing provisions that require that an offender serve an immediate prison sentence if they get caught driving when they should not be in certain contexts, so proper knowledge of the Act and the penalties that apply is very important.

One important distinction that is made in the penalty provisions of the Road Traffic Act is the difference between a first-time offender, a repeat offender and a subsequent offence. Whilst it may seem obvious what the first 2 are, it is really when someone commits a subsequent offence (a third offence or more) under this section that the penalties considered by the court are likely to include a term of imprisonment.

You can also have your car impounded for no license.

An experienced traffic lawyer can provide you with effective advice on how to deal with this sort of situation.

What are the possible consequences of a subsequent offence?

Depending on the circumstance in which an unlicensed driver is caught, the penalties vary, however, for subsequent offences the penalties of section 49 of the Road Traffic Act can often include up to a 3 year ban from driving, a fine of $4,000 or 18 months imprisonment.

There is a real risk of imprisonment term for driving without license.

What can you do if you are charged with No Authority to Drive?

If caught as an unlicensed driver, you must understand that this charge is very serious and the courts know this. It is vitally important to get professional legal advice and representation from experienced traffic lawyers before you appear in court, especially if this is not the first time you have been charged for driving without license.

What can you expect from an experienced traffic lawyer?

An effective and experience traffic lawyer will:

  1. Always, first fully examine of your situation (including all material facts giving rise to and circumstances surrounding the charge;
  2. Determine the likely and realistic consequences the charge will have on you;
  3. Understand your personal circumstance and provide you with effective options on defending you or mitigating your situation;
  4. Undertak effective communication and negotiation with Police Prosecution;
  5. Obtain useful character references; and
  6. All importantly, professional and effective representation in court to defend you and present your best possible case

For more information, please contact the writer, Mr Adam Ward, Associate Lawyer, at TANG LAW at 9328 7525 or [email protected].

#Traffic Offences for Driving Without a License #Criminal Law

About Writer

Adam Ward was admitted into the legal profession in the Supreme Court of Western Australia in 2015 and joined Tang Law in May 2019. Mr Ward is an experience Criminal and Traffic Lawyer with extensive experience in representing clients in Courts on all issues relating to Traffic Law, Criminal Law, and Criminal Injury Compensation.

CASE STUDY: REMOVAL OF ‘LIFETIME’ DRIVING BANS

Blog & Articles, Criminal Law, Tang Law

 

Case Study

This is a real case that happened recently.

Our client ‘Mr C’ had received not 1, but 2 lifetime driving bans.

These bans run for the life of the person found guilty of driving in certain circumstances that are found to be very dangerous to the general public. Because these matters are so serious this case went straight to the District Court.

After 10 years has elapsed the person that has received the ban is eligible to have it removed, however in this case we had to apply to have 2 such bans removed at the same time!

Preparing for the Case

As Mr C’s legal representatives we took full instructions regarding all the factors that we knew to be important in proving that our client not only deserved to get his license back, but that he was not a danger to the public.

We prepared all the paperwork, including the Application, a very detailed affidavit for our client and also affidavits to attach to letters that were to provide character references in support of Mr C; including his personal and work circumstances.

One all this was done we corresponded with the lawyer that represented the Department of Transport (on the other side, against Mr C) and made sure that all questions were answered before the Court Hearing even started.

In Court

Happily for everyone involved, the Applications for the removal of both lifetime driving bans were not even opposed by the other lawyer and the judge granted the application in Mr C’s favour.

This goes to show the importance of proper preparation and making sure that no stone is left unturned when it comes to making the best case for our clients.

If you have any questions about old driving bans (lifelong bans or shorter) then contact us and we can discuss with you exactly how we can help you to get your life back on track (and back on the road).

About Writer

Adam Ward was admitted into the legal profession in the Supreme Court of Western Australia in 2015 and joined Tang Law in May 2019. With a background in the social sciences, Adam has a very keen interest in the interaction that individuals have with the Australian legal system; whether it be from facing criminal charges, battling mental health issues, trying to enforce rights through contractual claims or going through the Family Court system. 

 

0

“GUILTY” OR “NOT GUILTY”: ACCEPTING YOUR CRIMINAL MISTAKES?

Blog & Articles, Criminal Law, Tang Law

If you are charged with a criminal offence in Australia, you are generally required to enter a plea (guilty or not guilty) at the initial Court mention and the matter is then dealt with accordingly.   Depending on the seriousness of the charge(s), but almost all minor matters start out in the Magistrates Court, and this is where the first chance is given for a plea to be entered.

Do I Plead Guilty or Not Guilty?

Before entering a plea, serious and careful considerations should be given to factors including:

  • Correctness of the charges;
  • Correctness of the facts giving rise to the charges;
  • The evidence for and against the accused;
  • Personal background and relevant history that might be brought to the court’s attention; and
  • Understanding of the charge in question and the penalty or sentence that is likely to be imposed on a guilty plea.

 

Early Guilty Plea Discount

Accepting your criminal mistakes seems clear and straightforward.   This seemingly simple question (of guilty or innocent) can bring up many technical and ethical quandaries, and requires serious consideration.

In Australia, everyone has their right to a fair trial and also the right to face and question any allegations brought against them, but this does not mean that an individual Accused should always make the State prove what is alleged; this is where the Guilty Plea comes in.

If there is a grey area that is not cut and dry (like with the distinction made above between guilt and innocence) then it does not mean you can have the best of both worlds. An Accused in Western Australia cannot effectively say that ‘I am pleading guilty but I didn’t really do it.’  This is ‘traversing’ the plea and is not allowed, going to show that even the simplest premise has to be properly considered.

Plea Bargaining

When faced with multiple charges, lawyers can speak with the prosecutor for you and attempt to enter into plea bargaining, where effectively, you may agree in advance to enter into a guilty plea for the less serious charges in consideration for the prosecutor dropping the more serious charges against you.

What Do You Need To Do After Pleading “Guilty”?

Telling the truth and informing the court of what really happened is not as simple as it sounds. Accepting your mistakes and entering a guilty plea is only the beginning.  You must fully understand the consequences of pleading guilty before doing so.   If a guilty plea is entered, you must be fully prepared to accept the consequences of the penalty or sentence you may receive from the Court.

An effective legal representative is essential in bringing out the important facts properly. Even when you do not have a Defence (and so you’ve pleaded guilty as charged) there is still a lot that needs to be done in order to reduce the penalty or sentence that you would otherwise receive.

The lawyer should advise you of the supporting evidence (such as reports, references, etc) that will help persuade the Court to give you a more lenient sentence.  The lawyer may even speak with the Prosecutor in order to reach a consensus on possible sentencing options beforehand.

At a sentencing hearing, your lawyer can make a Plea in Mitigation on your behalf.  This is the crucial step when all the information and supporting evidence is pieced together by your lawyer, and light is shone on any facts that may ‘mitigate’ your offending behaviour, in order to achieve the most just, but also the most lenient, outcome for you.

[gap height=”30px”][divider width=”full”][gap height=”30px”]

ABOUT THE WRITER

Adam Ward was admitted into the legal profession in the Supreme Court of Western Australia in 2015. Prior to this he completed undergraduate degrees in both Law and Behavioural Science, and completed his Graduate Diploma in Legal Practice with the College of Law, in Perth.

Adam started his legal career in a small general practice law firm in Perth that specialised in wide ranging criminal law matters. He then joined Tang Law in May 2019 to form part of their already vibrant team and continue working in the areas of law that he’d developed a passion for.

1 2