Get Legal Advice From Our Traffic Lawyers
Traffic Lawyer
Traffic law may seem straightforward initially, but it can quickly become complex and challenging.
Different types of traffic violations are handled in various ways. Seeking advice from a qualified traffic lawyer in Western Australia is essential to ensure you’re correctly informed.
Our Perth traffic lawyers can assist you with any driving charges, including:
- Drink driving (DUI).
- Drug driving.
- Refusing a breath test.
- Careless driving.
- Dangerous or reckless driving.
- Careless or dangerous driving causing Bodily Harm.
- Careless or dangerous driving causing Grievous Bodily Harm.
- Careless or dangerous driving causing Death.
- Failing to stop when called upon by police to do so (police pursuit).
- Driving without a licence.
Traffic Offences – FAQs
I have been charged with drink driving. Do I need a lawyer?
If you are caught driving with a blood alcohol level above the legal limit, you will be charged with a traffic offence. This offence will be dealt with in the Magistrates Court.
Depending on your blood alcohol level, you could face a mandatory licence disqualification and a penalty, which may be a fine or imprisonment.
If you are in court for the first time with a drunk driving offence, you will most likely be fined.
However, if you have several drunk-driving offences, you may be sentenced to imprisonment.
If you are stopped by police and asked to take a breath test, it is essential to remember when you last drank.
Blood alcohol readings can be calculated back to the time of your last drink, which can affect your reading and whether or not you are charged.
Speak to a traffic law lawyer in Perth for advice on the consequences of a conviction for your specific matter.
Your defence lawyer can represent you in court for a sentencing or trial.
Is it an offence to refuse a breath test?
Refusing to take a breath test if the police ask you to is an offence. Refusing to provide a breath sample can result in a fine and a licence disqualification.
Roadside disqualification notices (of 2 months) will be issued for charges of Excess 0.08, DUI and failing to comply with a breath test.
This means the police will immediately disqualify your licence, and you cannot drive home.
In some circumstances, you will be required to participate in the Alcohol Interlock Scheme before being able to drive again, which will require you to install a device in your vehicle to monitor your breath for alcohol.
Will I lose my licence?
Most common traffic offences carry mandatory minimum licence disqualifications.
For those charges, explaining your case adequately to the Magistrate is essential to persuade the court to impose the minimum or near minimum licence disqualification.
Our criminal lawyers will know how to best put your case forward.
Will my car be confiscated?
This will depend on your traffic matter and whether you have any previous convictions for similar offences.
The police must apply to the Court to have the car confiscated, and a Magistrate or Judge will decide.
If you would like to challenge the confiscation of your car, you must satisfy the court that it would cause severe financial or physical hardship.
If you do not own the car, you may argue that it would cause severe hardship to the owner.
Can I dispute a speeding fine?
Yes. If you dispute that you were going at that speed, you can elect to have the matter determined by the court.
Usually, you will need to obtain expert evidence to show that:
- The police equipment used to measure the speed was not operating correctly.
- Your car was incapable of driving at the speed alleged.
It is difficult to defend a speeding charge without expert evidence. It is generally accepted that speed cameras and equipment used to measure speed operate correctly and are regularly calibrated.
I have a lifetime licence disqualification. Can this be removed?
Yes, but you will need to wait ten years. Once the waiting period has passed, you must apply to the court to have the disqualification removed.
You should obtain legal representation when making an application to the court for the removal of a disqualification. The application requires an application form, a detailed affidavit, supporting documents and a court hearing. A lawyer can advise you on the application.
The application also involves a filing fee imposed by the court.
Extraordinary Driver’s Licence (EDL)
I have lost my licence. Can I apply for an EDL (extraordinary driver’s licence)?
If you have lost your licence because you have been disqualified by a court, then you can apply for an EDL if you meet the criteria and if you have waited the necessary wait time.
You cannot apply for an extraordinary licence if:
- You have been given a roadside licence disqualification by police and you are currently serving that disqualification
- Your licence is suspended because you have unpaid fines
- You lost your licence because you have lost all of your demerit points
- Your licence is disqualified in another State
You should speak to you traffic lawyer to discuss if you are eligible to apply for an EDL.
Can I apply for an EDL right away?
No. The minimum wait time to be able to lodge your application is 21 days, plus a minimum of 14 days to have your matter listed in court. The wait time is longer for more serious offences, or for repeat offences. This wait time may be reduced by time served on a roadside disqualification.
You should speak to your traffic lawyer to discuss when you can apply for an EDL.
What do I need to prove to get an EDL?
You must be able to prove that without a licence, you or your family will suffer one or more of the below:
- Unable to access urgent medical treatment
- Deprivation of your principal means of obtaining income (financial difficulty)
- Deprivation of the only practical means of travelling to and from a place of employment
It is important to do the EDL application correctly the first time so that you have a good chance of getting the licence.
If your application is refused, you will have to wait months before you can apply again. For some people, 6 months may be a very long time and may cause you to lose your job, or it may be the length of the whole disqualification period.
Therefore, it is important that you have legal advice about how to present your case properly and ways to strengthen your application.
I have lost all of my demerit points. Can I get an EDL?
No. An extraordinary licence is only for cases where your licence has been disqualified by a court.
Can I drive anywhere and anytime with an EDL?
No. An extraordinary licence will only allow you to drive on certain days, at certain times, in certain places and only for specific purposes.
For example, if you need a licence for your work, you will only be able to drive to and from work, or in the course of your work, and this will be limited to the days, hours and locations required for your work. You will be unable to make detours or drive for other purposes, such as grocery shopping.
You will likely be required to keep a log book, and you must record your trips and the purpose for each trip. The police can stop you and check that you are complying with the conditions of your licence.
If you breach your EDL conditions, you may be charged with an offence, and your EDL can be cancelled.