Traffic Law

Driving Charges

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 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.

If you are have been charged with a traffic or driving offence don’t hesitate to call to law offices of Andrew Williams today. For more information regarding traffic law browse our website or contact Andrew today.

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Testimonials Hear from our valued Clients

I had Andrew deal with my case recently and couldn't of been happier with the result he got for me.
From the start Andrew was quick to reply to any questions and queries i had regarding my matter. He was very professional in my opinion, very easy to talk to and explained things quiet well.
I felt very comfortable in the court room knowing that Andrew wanted to get the best result he could for me, and i would highly recommend Andrew Williams to anyone who needs a lawyer.

Colin W

I was on a very tight rope where if it balanced the wrong way it would have totally devastated my life.  Andrew was honest through the entire process preparing me for the worst but never let me give up and thankfully with his help got a great outcome that let me move forward with my family .I cant praise Andrew enough and recommend him 100%

Jason M

I trusted that Andrew was the person to defend my case in our initial contact on the phone. He was very confident in his approach, from the first point of contact to the court room. I believe this must be from years of experience. Another added bonus for Andrew is that he is very honest and fair. He tells you like it is in the book of law and does not appear manipulative. His communication skills helped me help him to form a best defensive argument for my case. In other words, he made me comfortable to open up to him. In the end, he was able to convince the judge to let me off with only warning for providing misleading information to the police officer, which can be recorded as a criminal record against your name for 10 years.

Abraham A

Unhappy with my then representation, I went searching for a new lawyer. Andrew responded quickly and professionally to my enquiry. It was quickly apparent during the first meeting that Andrew was knowledgeable, honest and was committed to getting us the best possible outcome. Andrew looked at all avenues available to me in a Magistrates Court matter. He negotiated on my behalf with the prosecution, attended 3 court hearings and defended my plea at a sentencing hearing. Andrew presented strong arguments in my defense and I was very pleased with a successful outcome. Andrew was also transparent and reasonable with his capped fee costing structure.

Timothy R

After being charged with Common Assault of a minor I made a sensible decision not to use the local Kununurra law firm. I engaged Andrew Williams to assist me with resolving this matter (to the point of me being awarded costs). Despite being 4000km away I never had any issues with Andrew's commitment to my case. He promptly returned all calls and demanded I do likewise when important information needed to be exchanged. I found him to be an intelligent, straight-talking and knowledgeable legal counsel. I have no hesitation in recommending this likeable and professional lawyer to those that require legal representation. Especially those that reside in regional or remote areas where there is no choice.

David C

Andrew Williams is a laywer of much dedication I will never have the words of gratitude and admiration for his honesty and integrity I would highly recommend him to anyone who may require his services in the future

Helen L

I just wanted to take my time to explain my experience with Andrew Williams. I had an incident that could have really affected my future. As anyone does I called around all the lawyers in Perth and just not any lawyer but the ones who are highly respected amongst other lawyers and get the results. I have a friend who works in the industry and she recommended Andrew. She said she always sees Andrew in the paper with amazing outcomes to cases that he gets for his clients I first called his office and left a message with the receptionist. At the time he was on leave and it was his wife birthday. He promised her he wouldn't be bothered with work (this was at christmas time as well) he made the effort and called me to see if I was okay and how everything was. From that moment on I knew I had found my lawyer. When you are going to court you want someone who is going to care about you and go the extra mile and not just pay you off. From the whole experience he was straight with me and very honest. My case was not an easy one and it could have been a very bad outcome. Andrew went out of his way to get me what I wanted. Throughout the whole process I felt like I was dealing with a friend. He was very professional and got the outcome I wanted. I really couldn't recommend Andrew any higher. He gave me a second shot. Thank You again mate.

Phillip C

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