Under laws in the State of New South Wales a driver must not drive a motor vehicle whilst there is a prescribed concentration of alcohol present in the driver’s breath or blood. Occupying the driving seat of a motor vehicle and attempting to put the motor vehicle in motion is also an offence under the law. In what is one of the most common traffic offences before the courts, there are complex issues and technicalities which may arise. It is when these complexities arise that experienced lawyers can achieve the best result for you. Contact Skopelja Solicitors to discuss the options available to you.
If caught driving a motor vehicle whilst under the influence of a prohibited drug you may be facing a maximum penalty of 9 months imprisonment and an automatic 12 month disqualification for a first offence. The law in New South Wales has several sections relating to driving whilst under influence of drugs and it is very important to obtain legal advice to ensure you are informed about any possible defences available to you. Skopelja Solicitors will give you the right advice to get you the best possible result.
One of the frequently presented offences to our firm, driving whilst your licence is disqualified/suspended/cancelled carries significant penalties and often leads to lengthy periods off the road. In the event of conviction the 'relevant disqualification period' for these offences is 12 months for a first offence and 2 years for a second or subsequent offence. In the event of being charged with these offences it is important to prepare the case from the beginning of the matter in the right context. Skopelja Solicitors are court specialists in representation for traffic matters.
Negligent driving offences range from minor accidents attracting a fine to more serious accidents where grievous bodily harm/death is occasioned attracting maximum penalties of 9/18 months imprisonment. Driving found to be furious, reckless or at a speed/manner dangerous to the public also carries with it significant maximum penalties of up to 12 months imprisonment. If you are charged with any of the above contact Skopelja Solicitors for legal advice.
Dangerous driving is a serious traffic offence dealt with under the Crimes Act 1900 and persons charged with the offences are subject to heavy penalties. The offence deals with dangerous driving occasioning death and dangerous driving occasioning grievous bodily harm. There are defences afforded by the legislation including if the offender can show that the death/grievous bodily harm occasioned was not in any way attributable (a) to the fact that the person charged was under the influence of intoxicating liquor or of a drug or a combination of drugs, or (b) to the speed at which the vehicle was driven, or (c) to the manner in which the vehicle was driven. Contact Skopelja Solicitors to discuss the matter in detail.
Drivers involved in police pursuits/chases face significant penalties since the enactment of "Skye's Law" in February 2010. The amendment to the old law now means that offenders involved in police pursuits face maximum penalties of 3 years imprisonment for a first offence and 5 years imprisonment for a second or subsequent offence. When charged with such offences it is most important to obtain competent legal advice. Skopelja Solicitors are court specialists in representation for traffic matters.
Many people are unaware that certain decisions made by the Roads and Maritime Services (RMS) can be appealed and overruled by a Local Court Magistrate. In cases such as exceeding the speed limit by more than 30/45 kilometres an hour or for P-platers who are facing a suspension for loss of demerit points, an application can be made to the Local Court of NSW to have the RMS decision overturned. Please contact Skopelja Solicitors to discuss the available options.
A number of people have fronted the Local Court appearing alone or with inadequate representation before the Magistrate, pleading their case and receiving an unfavourable result. In some situations however options may be available to have your matter determined by an appellate court. If you have received a bad result and wish to seek a second opinion on the severity of your result please contact Skopelja Solicitors to get the right legal advice.
The Habitual Offender Scheme provides penalties to people who repeatedly commit serious traffic offences as defined in the Road Transport Act 2013. Drives convicted of 3 serious offences within a period of 5 years are declared 'habitual offenders' and disqualified from driving for an additional 5 years in addition to any other disqualification ordered. The additional 5 years can be sought to be quashed by an application to the court. At Skopelja Solicitors we are experienced with formulating and presenting such applications that declaration as a habitual traffic offender be quashed. Contact us now for a free consultation.