A driving offence is any traffic related matter which involves a contravention of the law in Western Australia.
Traffic and driving offences can result in substantial fines, the revocation of your drivers license and, in serious cases, imprisonment. That’s why it’s vital to engage an experienced traffic lawyer who will provide you with sound and competent traffic law advice and representation.
The Law Offices of Andrew Williams draw from years of experience in dealing with a wide range of driving offences including but not limited to:
- drink driving (DUI) and drug driving,
- refuse breath test,
- driving under a cancelled or suspended license,
- careless driving,
- dangerous driving,
- reckless driving,
- hoon offences,
- failing to stop / police pursuit,
- dangerous driving occasioning bodily harm,
- dangerous driving occasioning grievous bodily harm or death.
Our office also provides advice and representation in respect of extraordinary drivers license applications.
Engaging the right lawyer to look after your case is very important in achieving a good result. At the law offices of Andrew Williams you will get direct and honest advice about
- whether you have a defence to the charge,
- the likely outcome if convicted including whether your license would be suspended or cancelled, and
- whether there is a risk or likelihood of imprisonment.
You will also receive professional representation from an experienced traffic and driving offence lawyer and barrister who has handled countless traffic law matters over many years.
The substantial growth in the number of clients that seek advice and representation from my office is due to the continual achievement of positive outcomes for my clients. I attend court every day and I know all of the presiding Magistrates and the best ways to present each unique and specific case before them.
DRINK DRIVING OFFENCES
Being charged with a drink driving offence can be a distressing experience. For a lot of clients that come to my office it is their first encounter with the law. They may be facing the loss of their driver’s license, a substantial fine, and, in some cases, the risk of imprisonment. And they are concerned about the implications on their reputation, employment and future mobility. The penalties provided for under the Road Traffic Act largely depend upon the level and range of the drink driving offence.
Types of drink driving related offences include:
- refusing a breath test,
- driving whilst under the influence of alcohol (excess 0.15 blood alcohol content),
- driving with an excess of 0.08% blood alcohol level, and
- driving with an excess of 0.05% blood alcohol level.
A third conviction for an offence of driving under the influence of alcohol or refuse a breath test will result in a life time disqualification period.
DRIVING WHILE DISQUALIFIED, SUSPENDED OR CANCELLED
These types of offences are considered serious and the penalties can be severe particularly for repeat offenders who face a potential suspended or immediate term of imprisonment.
For a first offence the risk of imprisonment is low unless the offence was committed in aggravating circumstances such as driving under the influence of alcohol. You may have a reason as to why you drove which, if communicated to the court, can serve to mitigate the seriousness of the offence and help minimize the disqualification period and the fine imposed.
The penalties for driving under disqualification vary depending upon the offence itself. It may be that you were driving under a demerit point suspension, a court imposed suspension, or a fines suspension. Driving under a court imposed suspension is considered very serious by the courts it is a disregard of a court order.
RECKLESS AND DANGEROUS DRIVING / CIRCUMSTANCES OF AGGRAVATION, FAILING TO STOP ETC:
Reckless driving is willfully driving in a manner which is inherently dangerous or, alternatively, dangerous to any person or the public in the circumstances. The concept of dangerous driving has been defined in the High Court of Australia in the case of McBride as follows: “The concept…….requires some serious breach of the proper conduct of a vehicle upon the highway, so serious as to be in reality and not speculatively, potentially dangerous to others”.
The Road Traffic Act provides harsh penalties for the offence of reckless driving, including lengthy disqualification periods of your drivers license and in some cases imprisonment. A third conviction for the offence will result in a life time disqualification of your licence. The legislation now provides for mandatory imprisonment for the offence of reckless driving committed in circumstances of aggravation by failing to stop during the course of a police pursuit. If you have been charged with the offence of reckless driving it is vital that you receive legal advice at the earliest possible opportunity.
DANGEROUS DRIVING CAUSING DEATH OR GRIEVOUS BODILY HARM
For an offence of dangerous driving causing grievous bodily harm the maximum penalty is 7 years if determined on indictment by a Judge in the District Court and 14 years if the offence is committed in circumstances of aggravation.
In order to attain a conviction on these charges the prosecution bear the onus of proving a number of elements of the charge. The law in respect of dangerous driving is far from straight forward and complex issues often arise. In these cases it is essential to seek the professional help of an experienced, and determined defence lawyer to guide you through the judicial process and work by your side to achieve a positive outcome for your case.
Including but not limited to drink or drug driving , refuse breath test, driving under a cancelled or suspended license, careless driving, dangerous driving, reckless driving, hoon offences, failing to stop / police pursuit, dangerous driving occasioning bodily harm, dangerous driving occasioning grievous bodily harm or death.
The prosecution have to prove each element of the offence you are charged with. In all criminal cases the onus of proof is on the prosecution and the case must be proven by the prosecution to the required standard of 'beyond reasonable doubt'.
If you are have been charged with a traffic or driving offence don’t hesitate to call to law offices of Andrew Williams today on (08) 9278 2575. For more information regarding traffic law, contact Andrew.