Minor driving offences
Minor driving offences are the type of offences that result in a fine, either from the police or from RMS (formerly the RTA). Offences can include speeding, not stopping at a red light and using a mobile phone while driving.
Typically, when a person gets a fine it is given to them in the form of a penalty notice. A penalty notice should outline what the fine is for, how much is to be paid, and what demerit points will be added (if any). There are three options in responding to a penalty notice:
- pay the fine
- request a review
- choose to have the fine heard in court.
If none of those actions is take within 21 days of the date the fine was given, then a penalty reminder notice is sent, which gives the person a further 28 days to act.
It is important to get advice about a fine before you decide what to do. Many people choose to have their fine heard in court, because they believe they are not guilty and should not have been fined. However, when they get to court they soon discover that not only do they not have a defence, but the maximum fine a court can give is much higher than the original fine amount (usually up to $2200). On top of that are a court costs levy and victims compensation levy ($85 and $71 respectively as at March 2014). When factoring in the prospect of having to spend a whole day waiting for your case to be heard, choosing to go to court can be expensive and time consuming,
At Owens Lawyers we can offer you advice on any defences available to you, your prospects of getting your fine reduced and the risks involved with taking your fine to court. We can also help you request a review, as well as prepare for court. Contact us for more information about how we can help.
Serious driving offences
The more serious driving offences usually involve a person being given a court attendance notice rather than a fine. A court attendance notice tells a person what they’ve been charged with, and when and where they need to go to court.
Some of the more serious driving offences include:
- prescribed concentration of alcohol (PCA) offences
- driving under the influence of alcohol or drugs
- driving with an illicit substance in blood, urine or oral fluid
- refusing a breath test or analysis
- driving in a speed or manner dangerous
- driving whilst disqualified, suspended or cancelled.
These offences not only can result in heavy fines but can also result in imprisonment. Many also carry minimum periods of disqualification.
At Owens Lawyers we can offer you advice on any defences available to you, maximum penalties and what you can do to increase your chances of getting a reduced penalty. We can represent you at court or help you prepare a defended hearing or make submissions on a guilty plea if you want to represent yourself. Contact us for more information about how we can help.
Crime
Like more serious driving offences, if you are charged with a crime you will be given a court attendance notice. If you are arrested it is important to get legal advice. The police may want to interview you, and in many cases this won’t be in your best interests. Even before you are arrested, if the police want you to make a statement it is important to get legal advice first.
If you’ve been charged with a crime, Owens Lawyers can offer you advice on any defences available to you, maximum penalties and what you can do to increase your chances of getting a reduced penalty. We can represent you at court or help you prepare a defended hearing or make submissions on a guilty plea if you want to represent yourself. We can give you advice if you have been arrested or if police want to talk to you. Contact us for more information about how we can help.