Other Driving Offences

All of the following offences can result in license loss and/or imprisonment, and you should seek advice and representation from an excessive speeding lawyer immediately:

  • Hoon Offences
  • Excessive Speeding
  • Careless Driving
  • Repeat / Habitual Offender Classification

HOON OFFENCES

The law empowers Police to take action against the vehicles of drivers who are detected committing certain serious traffic offences. From 1 July 2012, the scope of these punishments has been increased to cover a wider range of offences.

Many drivers who are caught for such offences are now losing their cars on top of paying fines and losing their licence and looking for representation from an excessive speeding lawyer.

The penalties of hoon offences are imposed if the offence is “sanctionable”, being:

  • Exceeding the speed limit by more than 45 kph
  • Street racing, races, attempts on speed records and other speed trial
  • Aggravated loss of traction offences (Burnouts, Donuts, Wheelies)
  • Police pursuits

Confiscation of Number Plates

If the registered operator of a vehicle is detected committing a sanctionable offence, the Police may:

  • Remove and confiscate the number plates of the vehicle
  • Give the operator of the vehicle a notice requiring them to remove and produce the number plates to the Police within a specified time (which must be no more than 5 business days).

The plates are confiscated for a period of 3 months.

It is an offence to fail to produce the number plates, or to drive the vehicle during the confiscation period.


Detention & Impounding of Vehicles

If the registered operator of a vehicle is detected committing a sanctionable offence, the Police may:

  • Seize and take charge of the vehicle
  • Give a notice to the operator requiring them to produce the vehicle to the Police within a specified time (which must be no more than 5 business days).

The Police must impound a seized vehicle for 3 months. It is an offence not to produce the vehicle to the Police.

Forfeiture of Vehicles

A vehicle is automatically forfeited to the Crown upon a finding of guilt by the Court if:

  • The registered operator commits a second or subsequent offence within 5 years
  • The vehicle is used in connection with certain offences relating to:
    • Using a vehicle that has confiscated number plates.
    • Making a false statement in an attempt to have their number plates or impounded vehicle released

The forfeited vehicle will be sold by the Police or used for crash testing.

In some cases, the Court that finds the person guilty of the offence can order that the forfeiture of the vehicle be replaced by an impounding or confiscation of number plates. The Court must be satisfied that the forfeiture would cause extreme hardship to the operator or any other person.

Early Release of Number Plates & Impounded Vehicles

An application may be made to the Local Court for an early release of an impounded vehicle or confiscated number plate. The Court cannot order that the vehicle or number plates be released within 5 working days of the impounding or confiscation.

The law allows the Court to consider a full range of factors when deciding whether to release the number plates or vehicle early. Specifically, it must take into account:

  • The safety of the public and the public interest in preventing the use of a motor vehicle that the Court considers is reasonably likely in all the circumstances to be used for further sanctionable offences,
  • Any alleged extreme hardship to a person other than the registered operator of the motor vehicle arising from the impoundment of the vehicle or confiscation of the number plates.

Before the vehicle is released to the operator any outstanding fees in respect of the movement, towage and storage of an impounded vehicle or release of number plates must be paid.

If you have been charged with any of the above offences, you must seek professional legal advice from an excessive speeding lawyer.

Attempting to represent yourself in court may seem like the financially viable option, however you could face significant fines, licence loss and even terms of imprisonment if you do not thave representation from an excessive speeding lawyer and take these charges seriously.

 

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THAT’S 1300 333 669