Getting Legal Advice for Traffic Offence in Perth

We understand that traffic offences can have far-reaching repercussions. Our experienced team of traffic offence lawyers can assist you with any traffic matter to mitigate the circumstances brought by the violations.

Traffic lights in the evening

Why is it essential to hire a lawyer for a traffic offence case?

You can be assured that traffic offence lawyers have extensive knowledge of the rulings regarding traffic offences in Perth. They can determine the best course of action for your case. Your lawyer will grant you peace of mind and provide clarity and professional advice to best save your time, money, and effort.

Traffic law is a state- and territory-based area of law, and the road rules, offences, penalties, appeal procedures and mandatory sentencing regimes that apply differ between jurisdictions. Many other drivers have received traffic tickets, and you may feel this is a minor annoyance that should be dealt with quickly and painlessly without the need for a lawyer. If you have been charged with an offence related to driving, you may want to know your situation’s gravity and whether you should get legal advice. The best answer is, yes, you should always get legal advice. A traffic offence is a form of criminal offence, and there can be severe repercussions if left undealt with properly.

The most common penalty is a fine and disqualifying your licence for a certain period. The Magistrate’s Court must disqualify your licence for a minimum period for some offences. The worst-case scenario is that you can also go to prison as a result of more serious driving offences.

Policeman issuing a fine for violating the traffic rules to a young woman driver

Overview of traffic offences

There are many laws governing drivers, riders, and pedestrians in Australia. Most traffic offences in West Australia are covered by the Road Traffic Act 1974 (WA) and in regulations made under this Act, such as the Australian Road Rules (WA). In addition, the Road Traffic (Vehicles) Act 2012  (WA) regulates the issuing of driving licences, the registration of motor vehicles, and compulsory third party insurance

A breach of these provisions is also considered an offence. Although all the offences under this legislation are summary offences, more serious offences (indictable offences) such as causing death or injury by reckless or dangerous driving are contained in the Criminal Code Act Compilation Act 1913 (WA).

What offences are dealt with by infringements?

Minor offences are matters that a Magistrate usually hears in the Magistrates Court. Issues dealt with this way typically proceed through the Court system much faster than more serious indictable offences. There are many different road rules and traffic offences in Perth and not all of them are dealt with in Magistrates Court. Minor traffic offences (that is, violations for which the penalty does not include possible imprisonment) can either be dealt with by court proceedings, by payment of a fee. These are called traffic infringements can be issued for offences such as:

  • Drink-driving offences where the penalty does not include mandatory licence disqualification
  • Speeding offences
  • The driver or passengers not wearing seatbelts, or children not being in a proper child restraint
  • Motorcyclists or passengers not wearing helmets
  • Not leaving safe distance when overtaking cyclists
  • Failing to slow down and move over when going past emergency response vehicles at a traffic incident, and
  • Failing to stop at red lights or stop signs, or failing to give way.
Car on the road
Person driving a retro car

What are indictable traffic offences?

An indictable road traffic offence, on the other hand, is a motoring offence that is sent to Court for trial. Prison sentences for indictable road traffic offences can be severe, with jail terms for dangerous driving and even life imprisonment for some motoring offences which result in death.

The most severe road traffic charges are sent for trial at a Higher Court rather than a Magistrates’ Court – and will most like carry a prison sentence upon conviction.

Examples of indictable traffic offences include but are not limited to:

  • Causing death by careless or inconsiderate driving
  • Causing death or serious injury by dangerous driving
  • Motor offences involving a charge of manslaughter or murder.
  • Wanton or furious driving.
  • Dangerous or negligent driving while pursued by Police.

When facing charges involving severe road traffic offences, it is vital to seek legal advice from an expert traffic offence lawyer such as Hoe Lawyers as soon as possible to provide the best legal assistance and strategy in this situation.

A traffic offence is a form of a criminal offence that covers penalties imposed by a court and for infringement notices. It covers penalties imposed by a court, as well as for infringement notices. 

The many facets related to traffic law include drink driving, licence appeals, suspended or disqualified licences, among others. Hoe Lawyers can offer professional legal advice even before a charge for an indictable road traffic offence is brought.

Obtaining legal advice before a decision regarding filing a court election or licence appeal is very important. Once a court election or licence appeal is filed, the application cannot be withdrawn later. Similarly, obtaining advice before you pay a Penalty Notice is also critical. Therefore, talking to a lawyer before you pay a penalty notice and before you file any applications with the court can help prevent trouble down the road, mainly if there are other better options available.

Hoe Lawyers also advises drivers facing prosecution for driving offences and those who drive for a living, are experienced or newly qualified drivers and motorcyclists. We have a reputation for defending clients against the most severe charges involving road traffic offences. Our specialist legal team prepare our clients thoroughly for trial and offers complete criminal defence services to those charged with indictable road traffic offences that may result in a prison sentence.

Road Between Trees

There can be severe consequences for committing a traffic offence in Perth. When it comes to traffic offences, you should get legal advice to know more about the penalty you are most likely to receive when you are sentenced. A traffic offence lawyer in Perth can assess the situation and help you understand the types of penalties you can face a traffic offence.

Whether you know the offence you have been charged with and whether you have previous convictions, getting professional legal advice may assist you in determining things such as whether you can keep your licence or whether you can avoid imprisonment.

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