Traffic Charges
Dr Clint Hampson has a wealth of experience in dealing with traffic offences. He may have been the recipient of a few himself over the years.
Traffic offences range in seriousness from speeding fines through to reckless driving to escape police pursuit to driving offences that involve the injury or death of another person. Traffic offences can have significant consequences, from fines to licence suspensions and cancellations. In more serious cases it can result in terms of imprisonment.
Whilst many offences will be punished by way of a fine, the law often stipulates that a person’s licence must be disqualified. Losing a licence can have a far greater impact on someone’s life than the fine itself. It can mean the loss of employment and major headaches in maintaining a functioning personal/family life.
Dr Clint Hampson is recognised as one of the best traffic lawyers in Perth.
He has a comprehensive understanding of traffic laws and regulations which are becoming more complex and can lead to difficult and complicated legal issues arising. He has an excellent track record for achieving reduced penalties, acquittals, and other favourable outcomes. Where possible he will find a way to avoid losing your driver’s licence.
If your licence is disqualified, Dr Hampson can help you obtain an extraordinary driver’s licence (EDL) so you can work or attend medical appointments.
If you have been charged with a traffic offence, or wanting an EDL, please contact Dr Clint Hampson for a consultation.
Let’s take a deep dive into types of traffic charges and learn more, select the topic that interests you…
Careless, Dangerous & Reckless Driving (causing bodily harm or death)
Careless driving involves driving without due care and attention and often involves situations where the driver has had a momentary lapse of attention or concentration. It might be as simple as taking your eyes of the road or deviating over a white line. The bar is very low.
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According to police accidents rarely happen these days. They like to blame someone for a traffic incident, and they often use careless driving as a preferred charge. The fact that a vehicle has been in a crash is not in itself enough to prove that there has been a lack of due care and attention by the driver.
At the other end of the scale is reckless driving. This offence involves wilfully driving in a manner that is inherently dangerous to any person or public. It may include circumstances of excessive speeding, street racing, driving on the wrong side of the road, or doing burnouts. The penalties increase the more convictions you have but include, fines, imprisonment and a mandatory loss of your licence.
Dangerous driving fits in between careless and reckless driving. A first offence attracts a fine whilst any subsequent conviction can be dealt with by a fine or imprisonment and will result in the loss of your licence.
If you drive carelessly, dangerously or recklessly and you kill or cause grievous bodily harm to another person, the penalties are more serious. The maximum penalty for dangerous driving causing grievous bodily harm is 7 years imprisonment if dealt with in the District Court and 14 years if the offence is committed in circumstances of aggravation.
These types of traffic offences can be complex. They often involve crash investigation reports, analysis of eyewitness accounts and careful consideration of the intricate laws and defences that are available. Dr Clint Hampson is experienced in these types of matters having defended plenty over the years. He works closely with independent defence experts to carefully scrutinise the veracity of the prosecution’s evidence. His forensic expertise allows him to provide the best representation for his clients.
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If you are a probationary driver and are convicted of careless, dangerous or reckless driving, you licence will be cancelled.
Speeding more than 45 km/h over the speed limit is considered at law to be reckless driving.
If you are convicted of driving recklessly to escape police pursuit (high speed chase), you must receive a term of imprisonment of at least 6 months. The same doesn’t apply for dangerous driving to escape police pursuit so negotiations should always be explored to try and avoid imprisonment.
If you have three convictions for reckless driving, your licence will be disqualified for life.
If your drive on a private road and you kill someone, you cannot be charged with any offence under the Road Traffic Act. Instead, you might be charged with manslaughter.
Police have the power to impound your vehicle if they believe you have committed the offence of reckless driving. If this happens, you will be liable for all of the impounding fees including towing and storage.
If you have been charged with a careless, dangerous or reckless driving, please get in touch with Dr Clint Hampson for some legal advice.
Driving Under the Influence of Alcohol or Illicit Drugs
It is illegal to drive with a blood alcohol content (BAC) that exceeds 0.05%. It is also illegal to drive with any illicit drug in your system, irrespective of whether it impairs your ability to operation a motor vehicle.
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The penalties for drink driving vary depending on your blood alcohol level and the number of previous convictions. Every drink driving offences comes with a disqualification of your licence. The exact penalties are set out in the Road Traffic Act 1974.
The penalties for driving with prescribed illicit drug in your system are fine and 3 demerit points (for a 1st offence) or a fine and at least 6 months disqualification of your licence (for a 2nd or subsequent offence. If you are charged with a more serious offence, namely impaired driving with prescribed illicit drug in your system the penalties are more serious and include fines or imprisonment. Your licence will be disqualified even for a first offence. On your 3rd convictions you licence will be disqualified for life.
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The drink driving limit for probationary drivers is only 0.02%
A second or subsequent offence for driving with drugs in your system will result in the loss of your licence.
Any drink driving offence will result in the loss of your licence.
If you refuse to provide a breath or saliva sample for analysis, you will be charged. Any conviction will result in the loss of your driver’s licence and can result in a fine or term of imprisonment.
It is important to understand how BAC is calculated so that the veracity of the procedure can be tested.
Roadside breath tests are not always accurate.
Dr Clint Hampson is an experienced traffic lawyer who deals with these offences frequently. He will explore any potential defences and if convicted, will attempt to persuade the court to impose the minimum sentence.
Driving whilst Suspended, Cancelled or Disqualified
The Courts take the view that driving is a privilege and not a right. Driving in circumstances where you licence has been suspended, cancelled or disqualified by the court is a serious offence. You may as well be giving the court “the bird, you know, the finger” as the it does not look favourably on those who disobey court-imposed sanctions.
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The court of appeal in Western Australia has often said, terms of immediate imprisonment should be considered for anyone who has 3 or more previous convictions for driving without authority. Fines are generally imposed for the first few convictions however each conviction will come with a further period of cancellation or disqualification – it keeps adding up.
There are many defences available for these types of offences, which should be explored before you enter your plea.
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Dr Clint Hampson is an experienced traffic lawyer in Perth.
If you are convicted of driving whilst disqualified, your licence will be suspended for at least 9 months.
Most police vehicles contain automatic number plate recognition devices. These devices continually scan the number plates of road users to check whether the vehicle is licenced, and the registered driver has a valid motor vehicle licence.
Some Magistrates refuse to grant spent convictions for traffic matters.
If you have been charged with driving without a valid licence, it is important you speak to Dr Clint Hampson who will be able to provide you with legal advice about the seriousness of the charge, what defences may be available and the likely penalties if convicted
Speeding Offences
Driving more than the applicable speed limit is an offence and can attract a significant fine and accumulation of demerit points. The size of the fine and number of demerit points will depend on the speed you were travelling. If you accumulate 12 or more demerit points your driver’s licence will be suspended. Understanding the demerit point system and its implications is essential for maintaining your driving record.
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Speeding offences are detected by police using static or moving speed detection devices, or in come cases through cameras set up to monitor red light camera infringements. These devices require ongoing calibration and there are often disputes over the accuracy of this equipment. Dr Clint Hampson has defended many cases where the central issue has been the accuracy of this equipment.
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If you are driving on provisional drivers’ licence if can accumulate 5 demerit points your licence will be cancelled.
Most speeding offences are issued through an infringement. You have the option of accepting the fine and paying the infringement before the due date. If you challenge the infringement and the matter is listed in court, you may be subject to additional prosecution fees if convicted.
Full details of traffic offences and penalties are contained in the WA Road Traffic Code 2000.
You cannot apply for an extraordinary driver’s licence whilst your licence is demerit point suspended.
If you have been charged with a speeding offence and you would like to challenge it, please contact Dr Clint Hampson who will be able to provide you advice on the merits of any challenge.
Extraordinary Driver’s Licence (EDL)
Anyone who has had their driver’s licence cancelled can apply to the Magistrates Court for an extraordinary driver’s licence. The grant of an extraordinary licence is at the discretion of the court.
There is a waiting period between having your licence disqualified/suspended and being able to apply for an EDL. The waiting period varies depending on the offence that resulted in the disqualification of your licence but ranges from 21 days to 4 months.
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The process for applying an EDL includes filing an application with supporting documentation. The application must address any safety issues the applicant poses to other road users, the character of the applicant including their traffic history, the nature of the offence giving rise to the disqualification and the conduct of the applicant since the disqualification.
An applicant will need to satisfy the court that one of the following apply:
Without a licence, the applicant will be deprived of his or her principal means of obtaining income, and will suffer undue financial burden; or
Without a licence, the applicant or a person who is a member of the applicant’s family will be deprived of the only practicable means of travelling to and from their place of employment; or
The applicant, or a person who is a member of his or her family, will be deprived of the means of obtaining urgent medical treatment.
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You cannot apply for an EDL if you are subject to a demerit point suspension, your licence has been suspended under the Fines, Penalties and Infringement Notices Act 1994 or your licence has been disqualified from driving because of a police issued disqualification notice.
If your application for an EDL is refused, you must wait 6 months before you can apply again.
Dr Clint Hampson is experienced at making EDL applications. He knows what is required and how to address any concerns the court may have. He often negotiates with lawyers from the Department of Transport to avoid any opposition to the application. He will ensure your application is the best it can be and represent you at your hearing application.