Traffic Law
What should I do if I get charged with a traffic offence?
Most major traffic offences can result in loss of licence, and many also carry a criminal conviction and/or gaol sentence. Being charged with a traffic offence is a serious matter and you must act promptly.
Law & Smith Criminal Lawyers has extensive knowledge of all types of traffic matters and will provide you with the best legal advice and guide you through the entire process.
Did you know a traffic ticket can also be serious?
Traffic ticket offences can carry immediate loss of licence, as well as hefty fines. Your licence can also be suspended if you receive too many fines, or do not pay your fines.
If you receive a ticket for an offence which you did not commit, or if there are good reasons why you should not be convicted, you may elect to go to court to ask for the matter to be dismissed. However, keep in mind that if you are convicted at court the penalty may increase and you might be subject to court costs. If you wish to challenge a traffic ticket at court you must act promptly as there are time limits for election.
Law & Smith Criminal Lawyers have extensive experience in traffic matters and can advise you of your prospects any time during the process, as well as represent you at court.
Should I talk to the police?
Nearly all lawyers will advise you not to speak to the police after you have been arrested or if you are under investigation for a traffic offence. Although this is sound advice on most occasions, there will be situations where providing your side of the story might avoid getting charged or may later assist you in court. Also, in very limited cases you are required by law to answer certain questions.
Our lawyers are experienced former police prosecutors whom used to advice police officers on whether or not to lay charges. We know when this situation arises and will advise you on it.
Generally, however, do not talk to the police until you speak with us.
How do I prepare my defence case?
The prosecution has the onus of proving your guilt, and you are not required to prove your innocence. In saying that, if you have evidence that proves your innocence or puts doubt on the police case, you might want to consider a proactive approach to defend the charges.
There are strict evidentiary rules on tendering evidence in court. The prosecutor is likely to object to your evidence if it does not comply with the law. Our lawyers are experts in evidence law and will assist you in preparing your evidence to make sure it can be used in court.
How can we help you?
With prosecution and defence experience, we have the knowledge and expertise to advise and represent you in all traffic matters.
Call us for a free, no obligation initial consultation.