General Traffic Offences

How we can help

Make sure you call us before you pay your fine, even if you are guilty of a traffic offence. If you call us prior to paying your fine we may be able to find you a defence or have the number of demerit points reduced. Once you pay your fine you automatically accrue the demerit points.

Definition

General traffic offences resulting in a loss of demerit points include:

Speeding.

Using your mobile phone whilst driving.

Proceeding through a red traffic light.

Failing to give way.

Careless driving.

Drink Driving.

Penalties

There has been an increase in the number of demerit points for ordinary traffic offences. More and more people are accruing points and losing their licence. The effect can be devastating in the loss of employment and livelihood. Demerit points stay with you for three years from the date of the offence, so prior to paying any fine you should always check how many points are left on your licence. This is particularly important for young drivers. Accruing fines and points can result in lengthier periods spent on provisional licence conditions.

If you accumulate:

12 to 15 points you lose your right to drive for three months.

16 to 20 points you lose your right to drive for four months.

More than 20 points you lose your right to drive for five months.

For a full list of the number of demerit points that attach to different offences see the South Australian Government website.

Contact us to discuss your charge, the possible penalties and how we can help!

Drink Driving

How we can help

As soon as you have been pulled over for any drink driving offence in Adelaide, it is important that you call us, drink driving lawyers with the expertise you need. There is a process, subject to certain criteria, to have your car released from the impound yard early. The ultimate saving can be up to $900. It is possible to defend these types of charges and possible to have your immediate loss of licence lifted should you wish to do so. Our licences are very important to us and as such it is important to get sound advice from criminal and traffic law experts.

Definition

There are different categories of ‘drink driving’ offences that are defined in section 47A of the Road Traffic Act 1961 based on your blood alcohol level:

Category 1 is for offences between 0.05 and 0.08.

Category 2 is for offences between 0.08 and 0.15.

Category 3 is for offences over 0.15.

Penalties

In the ordinary course your car is impounded for 28 days for any drink driving type offence. For the privilege of having your car impounded the Courts/Impound Yards charge you exorbitant fees over and above the already significant fine.

Category 1 offences
Category 1 offences (blood alcohol between 0.05 and 0.08)

For a first category 1 offence you will receive an expiation notice with no mandatory disqualification, however, a 2nd offence will attract at least the following:

  • 6-month license disqualification
  • a fine of $1100
  • court costs
  • victims of crime levy
  • prosecution fees.
Category 2 offences
Category 2 offences (blood alcohol between 0.08 and 0.15) – instant loss of licence 6 months

When it is alleged you have committed a category 2 offence:

  • you will be issued with an immediate 6-month disqualification
  • you will receive a summons to attend court

At court the minimum penalties for a first category 2 offence are:

  • 6-month license disqualification
  • a fine of $900
  • court costs
  • victims of crime levy
  • prosecution fees.

It is important that you contact us to ensure our drink driving lawyers in Adelaide help you get the minimum penalty.

Category 3 offences
Category 3 offences (blood alcohol over 0.15) – instant loss of licence 12 months

When you are alleged to have committed a Category 3 drink driving offence:

  • you will be served with an immediate loss of license for a period of 12 months and receive a summons to court

At Court, the minimum penalty you can receive is:

  • 12-month license disqualification
  • a fine of $1100
  • impound fees
  • court costs
  • victims of crime levy
  • prosecution costs

Contact us for advice, Adelaide-wide.

Licence Appeals

These apply to holders of Learners or Provisional Licenses. If you are on your “P” or “L” plates you only have a limited number of demerit points you can accrue. Even minor traffic offences can put your license at risk.

However, you do have the ability to keep your license. If you are a “P” or “L” driver can apply to the court to keep your license because of “undue hardship”.

This frequently occurs when someone young is employed or a family member is ill and they require a member of their family to be mobile.

Specialist advice from one of our solicitors at Mangan Ey can assist young drivers with these matters.

Reducing Demerit Points

This is the most common problem ordinary road users will encounter:

I have accrued too many demerit points. How do I reduce them?

First of all, do not pay the fine.

To lawfully reduce your demerit points, you must elect for prosecution and go to court. You will also be required to give evidence on oath about the nature of the driving offence and why a reduction should be made. Contrary to popular belief, another person who was not the driver of the car cannot “take the points” for you. That would require the driver a third party to make a false declaration; a serious offence. The only mechanism is applying to the court to order a reduction.

There are two ways of showing the court that your points should be reduced:

The offence is “trifling”;

OR

“Proper cause” exists.

Establishing either of these features is difficult and requires specialist advice and representation. At Mangan Ey, we have some of the most experienced lawyers in this particular area.

Serious Driving Offences

This is the most serious category of offences. Offences like Aggravated Due Care and Dangerous Driving can attract severe penalties if you are convicted. Some of these matters are serious criminal offences and could land you in the District Court.

You could be charged with a serious driving offence if your driving has one or more of these features:

Excessive speed;

Serious injury or death of another road user or passenger;

High levels of intoxication from drugs or alcohol; or

Being disqualified from holding a license.

You must obtain legal advice about these matters. Courts will be very reluctant to sentence you for one of these offences without legal representation as there is a serious prospect of imprisonment.

If you find yourself in this position, contact one of our solicitors at Mangan Ey.

General Traffic Offences

General Traffic Offences

How we can help

Make sure you call us before you pay your fine, even if you are guilty of a traffic offence. If you call us prior to paying your fine we may be able to find you a defence or have the number of demerit points reduced. Once you pay your fine you automatically accrue the demerit points.

Definition

General traffic offences resulting in a loss of demerit points include:

Speeding.

Using your mobile phone whilst driving.

Proceeding through a red traffic light.

Failing to give way.

Careless driving.

Drink Driving.

Penalties

There has been an increase in the number of demerit points for ordinary traffic offences. More and more people are accruing points and losing their licence. The effect can be devastating in the loss of employment and livelihood. Demerit points stay with you for three years from the date of the offence, so prior to paying any fine you should always check how many points are left on your licence. This is particularly important for young drivers. Accruing fines and points can result in lengthier periods spent on provisional licence conditions.

If you accumulate:

12 to 15 points you lose your right to drive for three months.

16 to 20 points you lose your right to drive for four months.

More than 20 points you lose your right to drive for five months.

For a full list of the number of demerit points that attach to different offences see the South Australian Government website.

Contact us to discuss your charge, the possible penalties and how we can help!

Drink Driving

Drink Driving

How we can help

As soon as you have been pulled over for any drink driving offence in Adelaide, it is important that you call us, drink driving lawyers with the expertise you need. There is a process, subject to certain criteria, to have your car released from the impound yard early. The ultimate saving can be up to $900. It is possible to defend these types of charges and possible to have your immediate loss of licence lifted should you wish to do so. Our licences are very important to us and as such it is important to get sound advice from criminal and traffic law experts.

Definition

There are different categories of ‘drink driving’ offences that are defined in section 47A of the Road Traffic Act 1961 based on your blood alcohol level:

Category 1 is for offences between 0.05 and 0.08.

Category 2 is for offences between 0.08 and 0.15.

Category 3 is for offences over 0.15.

Penalties

In the ordinary course your car is impounded for 28 days for any drink driving type offence. For the privilege of having your car impounded the Courts/Impound Yards charge you exorbitant fees over and above the already significant fine.

Category 1 offences
Category 1 offences (blood alcohol between 0.05 and 0.08)

For a first category 1 offence you will receive an expiation notice with no mandatory disqualification, however, a 2nd offence will attract at least the following:

  • 6-month license disqualification
  • a fine of $1100
  • court costs
  • victims of crime levy
  • prosecution fees.
Category 2 offences
Category 2 offences (blood alcohol between 0.08 and 0.15) – instant loss of licence 6 months

When it is alleged you have committed a category 2 offence:

  • you will be issued with an immediate 6-month disqualification
  • you will receive a summons to attend court

At court the minimum penalties for a first category 2 offence are:

  • 6-month license disqualification
  • a fine of $900
  • court costs
  • victims of crime levy
  • prosecution fees.

It is important that you contact us to ensure our drink driving lawyers in Adelaide help you get the minimum penalty.

Category 3 offences
Category 3 offences (blood alcohol over 0.15) – instant loss of licence 12 months

When you are alleged to have committed a Category 3 drink driving offence:

  • you will be served with an immediate loss of license for a period of 12 months and receive a summons to court

At Court, the minimum penalty you can receive is:

  • 12-month license disqualification
  • a fine of $1100
  • impound fees
  • court costs
  • victims of crime levy
  • prosecution costs

Contact us for advice, Adelaide-wide.

Licence Appeals

Licence Appeals

These apply to holders of Learners or Provisional Licenses. If you are on your “P” or “L” plates you only have a limited number of demerit points you can accrue. Even minor traffic offences can put your license at risk.

However, you do have the ability to keep your license. If you are a “P” or “L” driver can apply to the court to keep your license because of “undue hardship”.

This frequently occurs when someone young is employed or a family member is ill and they require a member of their family to be mobile.

Specialist advice from one of our solicitors at Mangan Ey can assist young drivers with these matters.

Reducing Demerit Points

Reducing Demerit Points

This is the most common problem ordinary road users will encounter:

I have accrued too many demerit points. How do I reduce them?

First of all, do not pay the fine.

To lawfully reduce your demerit points, you must elect for prosecution and go to court. You will also be required to give evidence on oath about the nature of the driving offence and why a reduction should be made. Contrary to popular belief, another person who was not the driver of the car cannot “take the points” for you. That would require the driver a third party to make a false declaration; a serious offence. The only mechanism is applying to the court to order a reduction.

There are two ways of showing the court that your points should be reduced:

The offence is “trifling”;

OR

“Proper cause” exists.

Establishing either of these features is difficult and requires specialist advice and representation. At Mangan Ey, we have some of the most experienced lawyers in this particular area.

Serious Driving Offences

Serious Driving Offences

This is the most serious category of offences. Offences like Aggravated Due Care and Dangerous Driving can attract severe penalties if you are convicted. Some of these matters are serious criminal offences and could land you in the District Court.

You could be charged with a serious driving offence if your driving has one or more of these features:

Excessive speed;

Serious injury or death of another road user or passenger;

High levels of intoxication from drugs or alcohol; or

Being disqualified from holding a license.

You must obtain legal advice about these matters. Courts will be very reluctant to sentence you for one of these offences without legal representation as there is a serious prospect of imprisonment.

If you find yourself in this position, contact one of our solicitors at Mangan Ey.

Get in touch with us about your situation today.

About Us

Meet The Team

One of Adelaide’s oldest and experienced specialist criminal law firms, Mangan Ey & Associates was formed in 1982 when current Managing Partner Stephen Ey amalgamated with John Mangan, now deceased, and Julie Bishop, current Australian deputy Prime Minister and Minister for Foreign Affairs.

Awards

  • null

    Leading Criminal Defence Law Firms –

    South Australia, 2017

  • null

    Leading Criminal Lawyers –

    Adelaide, 2016

  • null

    Leading Criminal Lawyers –

    Adelaide, 2015

Reviews

Rated 4.5 on Google

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Traffic Offence Lawyers, Working with Adelaide Residents

Lawyers Specialising in Traffic Offences in Adelaide

A traffic offence is bound to cause great stress and financial disruption. When you find yourself in this situation, it’s important to seek legal advice, so you know your best course of action. We aim to represent you in as fair and timely a manner as possible – we want to resolve your case and get you back on track.

We recommend that you contact us as soon as you obtain knowledge of the alleged traffic infringement. It is in your best interests for a fair and balanced case that our traffic lawyers have all the information needed as soon as possible, so they can set to developing a cogent case. And what better time than directly after your alleged traffic infringement when the facts are fresh in your mind?

Choose the team of professional traffic lawyers

Traffic law is one of Mangan Ey & Associates specialties. We are happy to assist no matter how big or small your traffic matter is. We have extensive experience in the field, having practiced in the field of traffic law for many years. In fact, we have decades of combined experience, which position us as one of the leading lawyers operating throughout Adelaide and its suburbs.

Whether the matter can be resolved before it hits the courts, or you have to seek full representation in a court room, we are able to provide you the support you need.

Contact our traffic lawyers in Adelaide

We are available 24 hours for immediate legal advice. Call us prior to making any decision about the matter. If you leave it too late, the date for action and solution may pass and you could be left with a large fine on your hands, loss of licence – and possibly a date in court.

If your matter is less urgent, please do not hesitate to get in touch as soon as possible. Our team of talented traffic offence lawyers will develop a case to present you before the courts.

No matter where you live in Adelaide, we’re here to offer you full legal support.