Traffic Law

Traffic Law | Thexton Lawyers

Drink driving is the driving of a motor vehicle whilst under the influence of alcohol. Quite often a drink driving charge will result in a loss of licence and a fine. In more serious circumstances, vehicles can be impounded or confiscated. The severity of the charge will depend on the offender’s blood alcohol concentration (BAC). Usually, if the offender’s BAC is above 0.05, there will be a penalty. However, learner and probationary drivers are usually prohibited from a BAC 0.00. The main defences to drink driving charges are if the alleged offender was not the driver or if the breathalyser equipment was faulty or not used properly.

Facing drink driving charges in Australia

If you are facing a drink driving charge, you should seek legal advice as such charges can be quite technical. Thexton Lawyers have extensive experience in State traffic laws and have dealt with many state-wide drink driving charges over our many years of experience. Call us now on 1300 388 298 to have an expert appointed to your case.

State police officers have the authority to stop vehicles and test for the presence of alcohol in the driver’s, or another defined person’s, blood. Many people refuse breath analysis because they believe it is their right to refuse. In Australia, driver’s have no right to refuse to submit to analysis unless they can prove that they are medically or physically are not able to. The testing will usually be conducted in 2 stages. The first is the preliminary breath test and the second is a more detailed test at the police station. It is an offence to refuse breath analysis by the police if the person refusing was driving on a public road. However, a person does not have to provide a breath test if a certain amount of time has passed by from the point where the police should have taking the test. This amount of time varies in different states. Further, a driver does not have to provide a breath test if they are physically or medically unable to do so. Refusing a breath test is considered quite serious and can result in penalties including fines, loss of licence and vehicle impoundment. The penalties increase substantially for re-offenders.

Facing breath test refusal charges in Australia

If you are facing a refusal of breath testing charge, you should seek legal advice immediately. Thexton Lawyers have extensive experience in State traffic laws and have dealt with many state-wide refusal of breath testing charges. When facing possible imprisonment and car impoundment, it is important to get your case dealt with quickly and professionally. Call us now on 1300 388 298 to have an expert appointed to your case.

State police officers have the authority to stop vehicles and test for the presence of drugs in the driver’s, or another defined person’s, system. Police will usually test for the presence of 3 illegal drugs. These are Delta-9- tetrahydrocannabinol (THC), which is the active component of cannabis, methyl amphetamine (‘speed’, ‘ice’, ‘crystal meth’ etc) and methylenedioxy- methamphetamine (‘ecstasy’ or MDMA). These tests require a sample of oral fluid, usually collected by a swab. The test may not detect the presence of prescription drugs such as cold and flu tablets but may detect the presence of barbiturates and sedatives. Cannabis can be detected several hours after use, depending on the amount that was used. Methyl amphetamine, ecstacy and MDMA can be detected for up to 48 hours after use, depending on the amount that was taken and the strength of the drugs.

Facing drug driving charges in Australia

Drug driving considered quite serious and can result in penalties including fines, loss of licence, vehicle impoundment and vehicle confiscation. The penalties increase substantially for re-offenders. If you are facing a drug driving charge, you should seek legal advice. Thexton Lawyers have extensive experience in State traffic laws and have dealt with many state-wide drug driving charges. Call us now on 1300 388 298 to have an expert appointed to your case.

Speeding offences are when drivers exceed the prescribed speed limits by various different speeds. The Australian States unusually categorise speeding into separate speed thresholds. Driver’s can be caught speeding either by temporary or permanent speed cameras or by police with mobile speed analysers. Exceeding the speed limits by lower speeds is not considered a serious offence. Usually small infringements will only result in low fines and low demerit points. However, exceeding the speed limits by larger speeds such as 30 to 40 km/h is much more serious and can result in heavy fines, heavy demerit points and the driver’s licence being suspended.

Facing drug driving charges in Australia

If you are facing a speeding offence that you believe is unjust, then you should contact a lawyer. Thexton Lawyers have successfully overturned countless speeding fines and offences over our many years of experience. Call us now on 1300 388 298 to have an expert appointed to your case.

Special drivers licences can be obtained in the event that you have lost your licence. However, this will depend on the State in which you lost your licence. If you have lost your licence in Queensland, a special drivers licence can be obtained from a Hardship Order. In Western Australia, an extraordinary drivers licence can be obtained from the Magistrates Court. If you have lost your licence in NSW, a section 10 dismissal can be obtained which effectively dismisses the penalty of losing your licence. Special drivers licences will often come with certain conditions that must be met in order to obtain and maintain such a licence.

Obtaining a special drivers licence in Australia

If you are facing a suspended drivers licence penalty, you should contact a lawyer as soon as possible. A loss of licence can have severe detrimental effects on the wellbeing of drivers and their dependents. Our team at Thexton lawyers has extensive experience with obtaining our client’s special licences in their times of need. We can prepare the appropriate application and case for you in order to significantly increase the odds to get you back on the road. Call us on 1300 388 298for advice.

Driving whilst suspended means that a driver still has a driver’s licence but has been caught driving while their licence is suspended. The police can carry mobile devices in their vehicles that can read licence plates and determine whether the driver’s licence has been suspended. A driver’s licence will usually be suspended for committing lesser traffic offences, which include, losing your demerit points, excessive speeding and not paying fines. Disqualification of a licence usually means that a licence has been cancelled for more serious offences and that there is a disqualification period that must be served before the driver can re-apply for a licence. Some states use different terms for suspension and disqualification.

Facing driving whilst suspended charges in Australia

If you are facing driving whilst suspended charges that you believe is unjust, then you should contact a lawyer. Admitting to a charge will most likely result in you losing your licence or being suspended for longer. If you choose to defend the charge, there is a possibility that you may not lose your licence. Thexton Lawyers have successfully overturned countless suspended driving offences over our many years of experience. Call us today on 1300 388 298 to get some quality professional advice.

Unlicensed driving applies to someone who is not exempt from holding a licence, but they are driving a car on the road without a valid or current licence. Unlicenced driving will usually occur when the driver has never held a licence, let their licence expire, driven with a licence from another state or driven a type of vehicle, which their licence does not cover.

Facing unlicensed driving charges in Australia

If you are facing an unlicenced driving charge that you believe is unfair, then you should contact a lawyer. Thexton Lawyers have successfully overturned countless unlicenced driving offences over our many years of experience. Call us today on 1300 388 298 to get some quality professional advice.

Demerit points are penalties, which are assigned to certain driving offences. Each driver starts with zero demerit points when they obtain a licence. If a driver accumulates too many points, they will be suspended from driving for a prescribed period of time. Once demerit points are gained, they can only be removed over time. The amount of points a driver can gain will depend on the severity of the offence. In certain circumstances, police can impose double demerits on drivers. These circumstances can include public holiday periods and subsequent offences committed consecutively over certain time periods.

Facing demerit point penalties in Australia

If you are facing suspension due to demerit point related offences you should contact a lawyer as soon as possible. Having you licence suspended can have adverse effects on your family and loved ones, as you will not be able to drive. Thexton Lawyers have successfully overturned countless demerit penalties and offences over our many years of experience. We have also gained many special drivers licences for clients when they really needed to get back on the road. Call us today on 1300 388 298 to get some quality professional advice.

Fines are monetary penalties that are applied to a wide range of traffic offences. More often than not, a traffic offence will be punished with some kind of fine. Fines can be for as little as $50 for a small speeding offence or up to $100,000 for more serious offences such as predatory driving. Most fines are stated at their maximum level. This means that, depending on the circumstances; the fine may not be imposed at its maximum level. This means that you may end up paying a fine that is less than the amount designated for the offence. However, some fines values are mandatory. This means that a fine of that amount must be imposed at the amount stated. Fines may also be stated in terms of Penalty Units. One Penalty Unit carries a value that can be changed over time in accordance with inflation and the consumer price index. The current values of Penalty Units for each state are different (Western Australia: $50, Victoria: $151.67, Queensland: 117.80 and NSW: $110).

The Infringements Court is a division of the Magistrates Court in Victoria. It deals with the enforcement and processing of penalties and infringement notices such as parking fines, speeding fines and other traffic infringements. This helps reduce the workload of the Magistrates Court, but also maintains the right of the people to be heard in court. The Infringements Court is tasked with resolving large numbers of unpaid fines and infringement notices which have been lodged by enforcement agencies. However, there is a process that must be implemented before infringements will be heard in the court. On first instance, the alleged offender will be sent an infringement notice. If the notice is not paid, then a reminder notice will be sent with an additional fee. If the reminder fee is not paid within 28 days, the enforcement agency may lodge the infringement with the Infringements Court. The court will then send the alleged offender a notice of enforcement order with the penalty and any further options available. If the penalty is not paid, then the alleged offender will need to appear in the Infringements Court. Generally, the longer an alleged offender waits to pay a penalty, the more they will have to pay.

How To Contest Traffic Infringements

If you want to contest a traffic infringement in court, you can object to the infringement notice by lodging a notice of objection or by electing to go to court by not paying the fine. Generally, you admit guilt by paying the fine, so you will need to withhold the fine money until the court orders otherwise. Once you object, the prosecution must prove that you are guilty of the offence. There can be a significant amount of time and money consumed by objecting to traffic infringements, so unless you are willing to invest yourself into the proceedings, you should consider paying the fine to avoid delaying the process. Once you object to the infringement, you will be served with a summons to court and a charge. Once you receive your court papers, you should seek legal advice to prepare your matter for court. Our team of experts at Thexton Lawyers specialise in preparing for traffic infringement objections and provide our clients with professional representation. If you are facing a fine, penalty or suspension that you believe is unjust, call us today on 1300 388 298 for professional advice and representation.

If you have an accident in any State of Australia you will need to exchange details with the other driver, as it is an offence not to do so. You will need to record the other driver’s name, address, phone number, licence plate number, details of their car, details of their insurance policy and their licence number. You should also record the details of any other occupant that was accompanying the other driver, any person who was injured due to the accident and anyone whose property was damaged. It is important that you do not admit to the drive that the accident was your fault as this may detriment your insurance claim. If the other driver will not exchange their details, you should record their licence plate number and report their refusal to the police. If you have been involved in an accident and are having difficulties with the other driver, the police or your insurance company, you should seek legal advice. Accidents can cause hardship to those involved as they can take quite some time to resolve. This can mean you may be without your car for an indefinite period of time if you are having legal problems. Thexton Lawyers specialise in fast tracking your case and getting you back on the road as soon as possible. Call us today on 1300 388 298 for professional advice.

Culpable driving causing death is defined as a driver who causes the death, or serious injury, of another person unintentionally, but for reasons in which the driver still deserves the blame for the death or injury. Culpable driving can be caused by driving negligently, driving carelessly, driving recklessly, driving at excessive speeds, driving whilst under the influence of alcohol/drugs.

Facing culpable driving offences in Australia

If you are facing a culpable driving charge, then you should contact a lawyer immediately. The consequences for culpable driving are very serious and you could be facing a lengthy prison sentence. When facing the possibility of any prison sentence, you need to have a thorough and detailed plan for your trail. Thexton Lawyers have successfully won a vast number of culpable driving cases over our many years of experience, and we specialise in preparing for serious offence trials. Call us today on 1300 388 298 to get some quality professional advice.

Dangerous driving is driving in a manner that is dangerous to others or the public. It can include excessive speeding, participating in speed racing, participating in speed or skill trials, causing a vehicles tyres to leave the road and testing vehicle performance. Dangerous driving can also include driving whilst under the influence of an intoxicating substance. Depending on the severity, dangerous driving can either be dealt with summarily or on indictment. Offences will generally be punished more severely in circumstances of aggravation, which can include evading police and exceeding the speed limit, by 45 km/h.

Facing dangerous driving offences in Australia

If you are facing a dangerous driving charge, then you should contact a lawyer immediately. The consequences for dangerous driving can be very serious and you could be facing a licence disqualification or a prison sentence. When facing the possibility of a prison sentence or licence disqualification, you need to have a thorough and detailed plan for your case. Thexton Lawyers have successfully won a vast number of dangerous driving cases over our many years of experience, and we specialise in preparing for serious traffic offence trials. Call us today on 1300 388 298 so we can help keep you on the road.

Careless driving is the operation of a vehicle in a careless manner. A driver may be careless when they have unnecessarily taken their attention away from the road. Drivers may do this by using their mobile phones, changing music, driving tired, looking for lost items or losing concentration.

Facing careless driving offences in Australia

If you are facing a careless driving charge, then you should contact a lawyer immediately. Depending on the circumstances, the consequences for dangerous driving can be very serious and you could be facing a licence disqualification or a prison sentence. When facing the possibility of a prison sentence or licence disqualification, you need to have a thorough and detailed plan for your trail. Thexton Lawyers have successfully won a vast number of careless driving cases over our many years of experience, and we specialise in preparing for serious offence trials. Call us today on 1300 388 298 so we can help keep you on the road.

Penalties will apply to drivers of vehicles who exceed the prescribed weight limits according to their vehicle types. The prescribed vehicle weights vary with vehicle axle numbers and dimensions. They also vary in each state of Australia. It is possible to obtain special permits for weights that need to be hauled in excess of the prescribed limits and excessive load dimensions. The penalties for breaching the prescribed weight and dimension limits without a permit will usually be in the form of a fine. However, in some circumstances, the penalty can be a suspension of a licence. Having a suspension on your licence can be quite serious as such licences are usually linked to a drivers income. If you are facing a penalty that you believe is unjust or require a special permit, then it is recommended that you contact a lawyer. Thexton Lawyers have obtained many special permits for drivers and successfully overturned numerous penalties over our many years of experience. Call us today on 1300 388 298 so we can help keep you on the road.

Hoon driving is a term used to encompass a wide variety of traffic and criminal charges. If an offence is committed and it is considered to fall within the hoon offence area, then the penalties increase substantially. The penalties for hoon offences are increased and are usually dealt with in 2 stages. The first stage is vehicle impoundment/immobilisation and the second is permanent vehicle confiscation. Generally, it does not matter whether or not the offending driver was the owner of the vehicle. Hoon penalties are very serious and can have severe effects on a driver’s lifestyle, income and family.

Facing hoon driving offences in Australia

If you are facing a hoon driving charge, then you should contact a lawyer immediately. Hoon driving offences are extremely serious as you could be facing licence disqualification, a prison sentence or vehicle confiscation. When facing the possibility of confiscation, prison sentences or licence disqualification, you need to have a thorough and detailed plan for your trial. Thexton Lawyers have successfully won a vast number of hoon driving cases over our many years of experience, and we specialise in preparing for serious offence trials. Call us today on 1300 388 298 so we can help stop your car from being taken.

Failing to give way at traffic lights can result in a fine and demerit points. This offence will usually carry a mandatory demerit point penalty of 3 demerit points. The value of the fine will depend on the state the offence was committed in. The maximum fine is $258 in Victoria, $425 in New South Wales, $400 in Western Australia and $353 in Queensland. Facing a demerit point penalty can have serious consequences if you have accumulated too many demerits. It is possible that you can have your licence suspended for accruing too many demerits. This means that you may be off the road for quite some time. If you are facing a traffic penalty that you believe is unfair, you should contact a lawyer. At Thexton Lawyers, our lawyers are specialists in traffic law and can help you with any traffic offence that you may have against you. Call us now on 1300 388 298 for some professional advice.

Vehicle impoundment is where your vehicle is temporarily confiscated and stored. The police or the court have the power to impound vehicles and usually do so for the more serious traffic offences such as dangerous driving, reckless driving, hoon offences, driving without a licence or driving whilst suspended or disqualified. The offending driver will usually have to wait for a certain period of time before they can retrieve their vehicle from impoundment. The will be a fee that must be paid in order to release the vehicle which is used to cover the cost of towing, impoundment and storage. If the vehicle is not retrieved or the fee not paid, the vehicle may be sold by the state. The amount of time your vehicle is impounded for will depend on the severity of the offence. Further, the police have a certain period of time from the alleged offence to impound your vehicle. This is because the police may come across more information later, which may entice them to impound a vehicle. Sometimes, the police may temporarily confiscate the drivers licence plates as an alternative to costly vehicle impoundment. This is referred to as immobilisation.

Facing impoundment offences in Australia

If you are facing a vehicle impoundment or immobilisation, then you should contact a lawyer immediately. Impoundment and immobilisation are very serious penalties, and losing your vehicle can have severe consequences for your lifestyle. When facing the possibility of impoundment, immobilisation or confiscation you need to have a thorough and detailed plan for your case. Thexton Lawyers have successfully stopped the impoundment and immobilisation of numerous vehicles over our many years of experience, and we specialise in preparing for serious traffic offence cases. Call us today on 1300 388 298 so we can help stop your car from being taken.

State police have a wide range of powers, which include ordering a driver to stop their vehicle. A police pursuit occurs when a driver is attempting to escape pursuit by police where a lawful direction to stop has been ordered. This offence is considered very serious, as the escaping driver will most likely have to commit dangerous/reckless driving offences to escape. Since this behaviour is a danger to the public, the penalties are quite severe.

Facing police pursuit offences in Australia

If you are facing a police pursuit charge, then you should contact a lawyer immediately. Evasion offences are extremely serious as you could be facing heavy fines, licence disqualification, a prison sentence or vehicle confiscation. When facing the possibility of confiscation, prison sentences or licence disqualification, you need to have a thorough and detailed plan for your case. Thexton Lawyers have successfully won a vast number of evasion cases over our many years of experience, and we specialise in preparing for serious traffic offence trials. Call us today on 1300 388 298 for some professional advice.