Are you or someone you know is facing a traffic offense charge? It can be extremely intimidating to go through such a case without a criminal lawyers assistance. But, even with a professional, it is important to know what a traffic offense means and how it can impact someone. Only with such in-depth knowledge can you navigate this tricky situation well and emerge out of it unscathed.
Here’s a guide that will help you in this regard. Whether you're a first-time offender or seeking guidance after multiple infractions, this guide will illustrate your options going forward. So, let's begin and explore the possibilities.
Types of Traffic Offences
In traffic law, there are different kinds of offenses. Some are serious and may benefit from hiring an adept criminal lawyer. For example:
1. Drives way too fast.
2. Drives after drinking alcohol.
3. Drives while using drugs.
4. Drives carelessly, dangerously, or recklessly.
5. Drives without the right license, like if it's expired or suspended, or if they're a learner driving alone.
Then there are smaller offenses, like getting a ticket for parking wrong or going a bit too fast. Usually, you just have to pay a fine for these and don't need to go to court unless you don't pay the fine or disagree with it.
Types of Penalties for Traffic Offences
As with any offense, there are consequences to breaking traffic rules as well. These penalties vary depending on how serious the offense is and what happened. Let's break it down:
Demerit Points:
One common penalty is losing demerit points from your driver's record. This happens for all kinds of traffic offenses, even the small ones like speeding. How many points you lose depends on what you did wrong. However, it's important to know that authorities like VicRoads handle demerit points, not the court.
Fines and Court:
For serious offenses, you might have to go to court. There, you could get a fine or other punishment. Before your court date, it's smart to talk to criminal lawyers. They can tell you what to expect and even go to court with you if you need help.
If you can't pay the fine on the day of court, Fines Victoria will keep track of it and might let you pay it in smaller amounts later.
Other Penalties:
Besides fines, the court might do other things to punish you, like:
Taking Away Your License: This could be for a short time or even forever if it's a serious offense.
Making You Promise: Sometimes, the court might ask you to agree to follow certain rules to stop you from breaking the law again. These rules could be about when you can drive, how much you can drink, or where you can go.
Doing Community Work: Instead of paying a fine or going to jail, the court might tell you to help out in your community for a while.
Taking Your Car: If you do something really dangerous, the authorities might take your car away for a bit. If it's not your first time, they might keep it for good or make you sell it.
Interlock System:
For people caught drinking and driving, the court might make them use a special device in their car. Before the car starts, they have to blow into it to prove they haven't been drinking. If you are worried about this, talk to criminal lawyers for advice.
More Information on Traffic Offences
Law is a tricky area, so most get confused while talking about it. Here are some common questions we hear about traffic offenses.
Culpable vs Dangerous Driving
One aspect most people get confused about is the difference between culpable and dangerous driving. Culpable driving means someone died because of how you drove, while dangerous driving means you drove in a way that was very risky for others. Each one has its punishments.
Jail for a Traffic Offence
Driving offenses can lead to jail time if someone is injured or killed as a result. Failure to pay fines or violating an Undertaking can also result in imprisonment.
Police Record
Having a criminal lawyer present in court can help negotiate a punishment without a police record. While VicRoads maintains driving records, only a guilty verdict from a judge results in a criminal record. Options to avoid this include:
Diversion programs (such as counseling or community work)
Appealing the decision in the County Court, where a lesser penalty may be imposed without a police record.
Getting Legal Help:
Dealing with traffic offenses can be confusing, but getting help from traffic or criminal lawyers can make it easier. They can guide you through the process and help you understand what's happening. Whether your offense is big or small, having a good lawyer on your side can make a big difference.
If you agree, you can talk to an affordable criminal lawyer at Oxford Lawyers.
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