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?
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?
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.