Street Racing
Elements To convict an individual of street racing, the prosecution must prove, beyond reasonable doubt that the individual organised, promoted or took part in: Penalties If found guilty, the following penalties may apply. Much like other driving offences, the penalties vary in severity depending on whether the offence was a repeat offence. Available Penalties First […]
Speeding Offences
Disputing a claim of speeding Speeding offences may be disputed on any of the following basis: Keeping a Licence An individual guilty of speeding may appeal the Notice of Suspension within 28 days. The individual will then be given a court date to provide reasons as to why the period of suspension should be reduced. […]
Predatory Driving
Elements To successfully convict an individual of predatory driving, the prosecution must prove the following elements beyond reasonable doubt: Penalties Predatory driving may attract a maximum penalty of five years of incarceration.. Alternative penalties that the court can impose also include: Defences Defences that can be raised include: Defences may reduce the severity of the […]
Police Pursuits
Elements To convict an individual under the so called “Skye’s law”, the prosecution must prove all the following elements beyond a reasonable doubt: Penalties If found guilty, the following penalties may apply. Much like other driving offences, the penalties vary in severity depending on whether the offence was a repeat offence. First traffic offence in […]
Negligent Driving
Elements For an individual to be convicted of negligent driving, the prosecution must prove two elements beyond a reasonable doubt: Where the prosecution aims to charge an individual negligent driving occasioning grievous bodily harm, they must prove that the individual driving caused really serious harm to another beyond a reasonable doubt. Similarly, for an individual […]
Drug Driving
Elements To convict an individual of drug driving, the prosecution must prove, beyond reasonable doubt, that they were driving with drugs in their system. Penalties The severity of the penalty imposed if found guilty of drug driving is dependent upon whether it was a repeat traffic offence. First traffic offence in 5 years Second or […]
Driving Under the Influence (DUI)
Elements To convict an individual of driving under the influence, the prosecution must prove the following elements beyond a reasonable doubt: Penalties If found guilty, the following penalties may apply. Much like other driving offences, the penalties vary in severity depending on whether the offence was a repeat offence. First offence within the past 5 […]
Driving whilst disqualified, suspended, cancelled or unlicensed
One of the most common traffic offences is driving without a valid drivers licence. The law recognises two classifications of this offence: The offence carries potential penalties that are as harsh as its commonality. Implications of being driving a motor vehicle contrary to the Transport Act can severely affect one’s ability to work, travel and […]
Drive Reckless/Furious/In manner/Speed Dangerous
Elements Reckless driving occurs when an individual drives in a manner that possesses ‘obvious and serious risk of causing physical injury to any other road user or substantial damage to property.’ This definition would therefore extend to scenarios where individuals drive at a dangerous speed or in a furious manner. For an individual to be […]
Drink Driving
Drink driving offences vary depending on the blood alcohol concentration of the offender. The following tables provide a breakdown of various drink driving offences, as well as the penalty regimes associated with them. Novice Range Drink Driving Elements Novice range drink driving is when a learner or provisional licence holder drives a motor vehicle with […]