Traffic Law

Our office is versed in all aspects of traffic laws, from demerit infringements to fatal driver-at-fault accidents. See below for short descriptions of some of the most common driving-related offences and contact our office for personalised advice. 

• Drink or drug driving
  Drinking with an excessive amount of alcohol and any drugs in your system will result in conviction displayable on your criminal record. These offences can be compounded by the circumstances of the offending, notably the standard or dangerousness of and any harm caused by the driving. Offences for simple inhibition (that is, being under the influence of the prohibited substances) are difficult to defend where the driver has undertaken the prescribed testing admissible as evidence. However, contextualising the circumstances of the offending can mitigate your sentence, where the judge has a certain level of discretion within the penalty regimes. Our lawyers are expert at preparing mitigatory pleas to minimise the impact on your life that an extended suspension from driving could have.
• Quality of driving offences
  Offences which target the quality of a person’s driving do so through ambiguous terms such as ‘careless’ or ‘reckless’. These are legal standards which take account of the circumstances of the driver and their driving, meaning they can be successfully disputed and defended as in a criminal trial. These offences will be aggravated by the presence of excessive alcohol or drugs in a driver’s system. Driving which is substandard and which results in injury or death is classified as its own category of offence with more serious penalties.
• Failing to stop
  Drivers involved in accidents are almost always obligated to stop, to at least provide their information where property damage has occurred and to additionally ensure assistance if a person has been hurt or killed.
• Extraordinary Driver’s Licences
  An extraordinary driver’s licence (EDL) is a licence that allows an otherwise disqualified person to use their car in limited circumstances, most commonly to travel to and from work. Although any person who has been disqualified from holding a driver’s licence can apply for an EDL, they are granted on a discretionary basis upon consideration of the circumstances of the disqualification and the particular needs of the applicant. Relevant considerations include where you live, public transport availability and the impact on your life a refusal would have. Persons who drive for a living may be particularly suitable for an EDL.

Our lawyers are experienced in framing an EDL application so as to give you the best possible chance of succeeding.