TRAFFIC OFFENCES

Introduction
Relevant legislation
How traffic offences are dealt with
Traffic infringement notices
Expiation Reminder Notice
Enforcement Order
In cases of hardship
Prosecution
Commencement by issuing a summons
Written plea of guilty
Failure to enter written plea of guilty and failure to attend court
Sentencing procedure for a written plea of guilty
Where the penalty may include imprisonment or a licence disqualification
Points Demerit Scheme
Summary of demerit points
Disqualification
Reduction of demerit points by a court
Penalties for driving offences
Where no penalty is stated for the offence
Licence disqualification and cancellation
Licence disqualification to commence after imprisonment
Clamping, impounding and forfeiture of motor vehicles
Common Driving Offences
Failing to stop after an accident
Failure to obey directions, answer questions or produce a licence
Driving an unregistered and uninsured vehicle
Excessive speed
Driving without due care
Misuse a motor vehicle
Driver's Licences
Driving without a licence
Suspension of driver’s licence for unpaid fines
Driving with a suspended driver’s licence
Driving whilst disqualified
The role of the duty solicitor
Penalty range
Sentencing principles for drive disqualified
Alcohol/ Drugs and Driving Offences
Alcohol and drug testing
Driving under the influence of alcohol (DUI)
Prescribed concentration of alcohol (PCA)
Driving with prescribed drug present in oral fluid or blood
Refusing a breath test
Penalties for drink driving offences
Section 47J assessment for recurrent offenders
Alcohol Interlock Scheme conditions
Serious driving offences
Aggravating factors
Reckless and Dangerous Driving
Dangerous driving to escape police pursuit
Using motor vehicle without consent
Causing death or injury by driving
Reckless and dangerous driving which causes death or harm
Aggravated driving without due care
Brief penalty summary
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