Traffic Offences

Traffic offences are taken very seriously by the Police. This is because as minor as some traffic offences may seem, all have the risk of harming others on the road.

Some of the most common offences include:

• Dangerous or negligent driving
• Drink driving
• Driving while unlicensed, suspended, or disqualified
• Driving under the influence of a drug
• Hit and run
• Failure to undergo breath test or analysis
• Speeding
• Disobeying road signs

Although these are the most common road offences, there are many others of which you can be penalised for.

Strict Liability

Strict liability means that in order for a person to be found guilty of an offence, they do not need to have intended to commit the offence. The police in this sense merely need to prove that the offence occurred. Many driving offences are considered offences of strict liability, meaning that they can be harder to defend.

Legislation

Traffic law (and criminal law in general) is governed by state legislation. The police of each state or territory enforce these laws as follows:

• In New South Wales – Road Rules 2014
• In Queensland – Transport Operations (Road Use Management—Road Rules) Regulation 2009
• In Victoria – Road Safety Road Rules 2017
• In Tasmania – Road Rules 2009
• In South Australia – Road Traffic Act 1961
• In Western Australia – Road Traffic Code 2000
• In the Northern Territory – NT Traffic Regulations 1999
• In the Australian Capital Territory – Road Transport (Road Rules) Regulation 2017

What is a Traffic Lawyer?

Lawyers specialising in traffic law are experienced at dealing with all traffic matters. These lawyers are prepared to advocate on your behalf and achieve the best possible outcome even if it involves going to court. It is recommended if you have been disqualified from driving, fined or charged with a driving offence, you should consult a professional traffic lawyer who will defend you against allegations before the court.

Why do I need a Traffic Lawyer?

Traffic lawyers should always be the first point of contact for individuals who have been disqualified from driving, fined or charged with driving offences. Traffic lawyers understand that being charged with a traffic offence or awarded with an infringement notice can have severe implications on an individual’s finance and well-being. In fact, expert traffic lawyers are aware traffic laws are heavily regulated with tough penalties and disqualification periods. Traffic lawyers interpret and apply these laws to your situation and explain your legal rights and obligations. Generally, traffic lawyers will assess and investigate your situation in order to build a successful case to present to the court. Specialist traffic lawyers have are familiar and fully trained in traffic law, which is an area of criminal law. These lawyers are professionals who can devise defences for you and effectively argue in support of them.

If you require the services of a criminal law lawyer, you can submit a quote through LawPath. You can then compare fixed-price quick quotes from our expert criminal law lawyers, as well their experience, price and expertise, before you hire the right one for your job.

What will a Traffic Lawyer provide?

Traffic lawyers will commit to defending your case and negotiate the best outcome for your situation. These lawyers will thoroughly analyse any evidence submitted against you, and appeal a decision if they believe it is wrong. You can confidently trust and rely on traffic lawyers who are determined to make a successful case for you. While keeping your best interests in mind, traffic lawyers will instruct and guide you from the beginning to the end of the court proceeding.

How Much Will a Traffic Lawyer Charge?

Usually, traffic lawyers, and lawyers in general, charge either a fixed amount or an hourly rate. Also, fees are calculated based on the solicitor’s expertise, seniority, location and whether the work is urgent.

We work with criminal law lawyers in our lawyer network who specialise in employment law and can provide assistance on a fixed-price basis. We make sure the price is transparent and affordable. There are no hidden costs and you have the option of choosing who you want as your lawyer.

Hourly rates and Court fees

The cost of a Traffic Lawyer will vary based on the scope of the work. Small issues likely to be addressed quickly will cost less. For matters that will need to go to the relevant Court or Tribunal, there may be additional fees involved, particularly as this work takes time. These types of matters may also involve obtaining documents and negotiating with the other party.

What can a Traffic Lawyer legally charge?

Legal costs can rise very quickly, especially in litigation. However, this is sometimes hard to avoid when work is being done by a lawyer on an hourly basis. Where fixed-fees are not offered by the lawyer, you should expect to be invoiced on a monthly basis with a time period within which you are required to make payment. Lawyers are required to adhere to the rules outlined in the relevant acts. For example, in NSW and Victoria, this is the Legal Profession Uniform Law 2014. Lawyers who do not comply with these rules can face disciplinary action from the law society of their State.

Lawyers are required to provide to their clients a document called a ‘costs disclosure’ if your costs will be higher than $750.00. This document will outline how costs will be calculated in relation to your case. Also be mindful that costs are divided into ‘professional costs’ and ‘disbursements’, and you will be expected to pay for both. Professional costs are the costs of the actual work done by the lawyer, whilst disbursements cover incidentals such as court filing fees, telephone calls, photocopying charges – amongst other things.

What if I don’t agree with the costs?

You have the right to request an itemised bill that will outline how much time was spent on each task in relation to your matter, and how this adds up to the fee you’re requested to pay. If you wish to dispute the cost, you can make a complaint to the The Office of the Legal Services Commissioner (OLSC) and they will investigate the matter and may allocate a costs assessor. You can also take further legal action in the Courts if you feel you have been unfairly charged.

Useful information

• Is it Illegal to Use Your Mobile Phone and Drive?
• Is it Legal to Drive with a Broken Arm?