With years of experience in all manner of driving and licence matters, we regularly provide advice and representation for individuals faced with a traffic offence. We support clients through a range of proceedings, from licence appeals and demerit point reduction applications to contesting the charges at trial.
BTD Lawyers Criminal Practice
We regularly advise and represent clients:
We routinely prevent our clients from losing their licences by way of:
How we can help you
The disqualification and loss of licence due to a driving offence or a breach of probationary or provisional licence conditions can be appealed to the Magistrates Court on the basis of hardship.
A driver convicted of a traffic offence that carries demerit points may apply to the Magistrates Court to reduce the number of demerit points incurred.
A drink driving or drug driving offence can result in significant fines, demerit points and licence disqualifications. Serious drink driving offences also require drivers to participate in the alcohol interlock scheme when they regain their licence.
General traffic offences, which result in the accumulation of demerit points, can include speeding, proceeding through a red traffic light, failing to give way and other regulatory offences.
Depending on the offence you are charged with, you may be eligible to enter into a good behaviour option (full licence holders) or safer driver agreement (provisional licence holders) instead of enduring the disqualification issued by the Registrar of Motor Vehicles.
Section 98B(4) of the Motor Vehicles Act 1959 permits a court to reduce the demerit points incurred by an offence, if satisfied by evidence given on oath by the defendant that the offending was trifling or that “other proper cause” exists.
Trifling means that in the circumstances of the offending, the offending was a minor or trivial example of the relevant offence. A finding of other proper cause is similarly confined to the circumstances of the offending, that is, any hardship caused to the defendant by way of the demerit points will not constitute proper cause.
The defendant must plead guilty to the charge before a demerit point reduction application may be made. Accordingly, if your application is not successful, you will be liable to incur the applicable demerit points.
We have extensive experience in making these applications. Ensure that you are fully informed. Contact BTD Lawyers to obtain advice as to the merit of a demerit point reduction application in your case.
Section 81BB of the Motor Vehicles Act 1959 allows a driver facing licence disqualification to appeal the disqualification to the Magistrates Court on the basis of hardship. To be eligible to bring such an application, the offences giving rise to the disqualification must have been committed while the driver held a provisional or probationary licence.
To be successful, the appellant must demonstrate that the disqualification will result in severe and unusual hardship for the appellant or any dependent. Mere inconvenience will not be sufficient.
The Crown may provide evidence of the appellant’s previous offences. In this event, the appellant must also establish that the evidence does not indicate that the appellant is a substantial risk to the public or themselves.
The appellant must also demonstrate why public transport does not meet their needs.
It is important to engage an experienced traffic lawyer to act on your behalf in a licence appeal. BTD Lawyers will assist you to gather evidence to satisfy the court of the severe and unusual hardship in your case.
It is important that you engage an expert criminal and traffic lawyer if you are charged with a driving offence. The penalties can be very severe and clients are often surprised to learn the seriousness of some driving offences, which can attract imprisonment.
The penalties for driving with a prescribed concentration of alcohol depends on the concentration of alcohol detected:
The applicable fine is prescribed by section 47B of the Road Traffic Act 1961 and will depend on which category you are charged with and whether it is your first, second or a subsequent drink driving offence.
Section 47B also prescribes the licence disqualification periods that a court must impose. The disqualification periods again vary depending on the category of your blood alcohol concentration and whether it is your first, second or a subsequent drink driving offence.
For a first offence, the disqualification periods are as follows:
Schedule 4 of the Motor Vehicles Regulations 2010 prescribes the applicable demerit points:
If you are alleged to have committed a category 1 offence and it is your first offence, you will be issued an expiation notice and have the opportunity to expiate the offence. In all other instances, you will be charged on Information and prosecuted in court.
It is essential to engage an expert traffic lawyer to assess the evidence for any defence or otherwise make guilty plea submissions to optimise your prospects of receiving the minimum by way of fine and disqualification period.
If you are caught driving while your licence or learner’s permit is suspended or disqualified in South Australia or another state, you may be charged with the offence of drive disqualified.
The maximum penalty for drive disqualified (other than where your licence is suspended under s 38 of the Fines Enforcement and Debt Recovery Act 2017) is:
Driving disqualified is often misunderstood as being a minor traffic offence. As the severe penalties show, that is not the case. Driving disqualified is a serious offence that carries a real risk of imprisonment. It is therefore important to consult an experienced traffic lawyer if you are charged with this offence.
We are highly experienced in this area of law and will employ every effort to obtain the most favourable outcome available on your case, whether you wish to resolve your matter by way of guilty plea or assess the evidence for a defence with a view to contesting the charges.
To discuss your traffic law issue, call Barbaro Thilthorpe Daniel Lawyers on (08) 8227 0577.
We understand that being charged with a traffic offence is a confronting experience and we know the serious implications it can have on your current life and future.
Our lawyers work tirelessly to explore all possible defences and keep you informed to achieve an effective resolution of your matter.
We pride ourselves on providing you with the highest level of representation and exceptional advice.
If you find yourself in legal trouble, contact our office on (08) 8227 0577 and make an appointment with one of our specialist traffic lawyers.
Find out how we can assist with your law matter and receive advice from a leading Adelaide law firm.
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