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Traffic offences – VIC

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The By Lawyers Traffic Offences – VIC publication has been updated and revised.

With the final commencement of the Road Safety and Other Legislation Amendment Act 2020 on 12 November 2020, the Road Safety Act 1986 has been amended to provide for immediate driver licence or learner permit suspensions in certain cases.

This includes excessive speed offences more than 45 kph over the speed limit which are mobile camera detected or for offences where a motor vehicle is used to cause serious injury or death, police can give the driver notice of immediate licence suspension. This requires the driver to surrender their licence for up to 12 months.

There are also immediate suspensions for certain drink and drug-driving offences and heavy vehicle offences.

These legislative amendments have been incorporated in the commentary in the Traffic Offences – VIC publication.

In addition, the commentary has been reviewed with resultant enhancements. The content is re-ordered for better workflow and improved searchability; specific sections have been added for various aspects of sentencing, such as obtaining medical reports; and links to VicRoads and Transport for Victoria online resources are enhanced. The matter plan has been revised to incorporate these revisions.

Special Hardship Order – Traffic law – QLD

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Following recent amendments, Queensland drivers who are subject to a Special Hardship Order can no longer accumulate any demerit points. If they do, their licence will be suspended for double their original suspension period.

A Special Hardship Order is available under the Transport Operations (Road Use Management–Driver Licensing) Regulation 2010. An application can be made by a driver whose licence has been suspended. The driver must present the court with affidavit evidence that they meet certain criteria and establishing hardship as a result of the licence suspension. If the order is granted the driver will be able to resume driving but will be subject to the conditions of the order for a period equating to the original suspension period.

Breaching the conditions of a Special Hardship Order attracts a fine of 20 penalty units and automatic disqualification for the remainder of the original suspension period, plus 3 months.

Effective from 1 July 2019, drivers who are subject to a Special Hardship Order will also be unable to accumulate any demerit points.

See the By Lawyers Traffic Law guide for more information.

Library of initial letters – Traffic Offences – VIC

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By Lawyers Victorian Traffic Offences guide has been expanded with the addition of 13 new initial letters to the client. These helpful precedents make initial client communication easier for solicitors advising clients in traffic matters.

The new letters contain details of the applicable penalties for some of the most common traffic offences. They enable practitioners to quickly and accurately advise clients on the available sentencing options for their offence immediately after the first conference and in advance of the first court attendance.

These new precedents are conveniently located within a folder called Library of initial letters to client in Folder A. Getting the matter underway.

The new letters cover drink and drug driving offences including all Blood Alcohol Content offences, driving while impaired and failing a roadside test. There are separate letters for both permit and full licence holders.

Because each letter has been drafted to correspond to a particular drink or drug driving offence and provides all details of the applicable penalty, they help practitioners prepare the client for court faster by eliminating the need to research the specific penalties which apply for a driving offence every time. The letters set out any applicable term of imprisonment, the number of penalty units for any fine, the licence suspension or disqualification period, the Interlock order requirements, the Behaviour Change Program requirements and other licence conditions.

To see the library of new initial letters just Click on the Guides and Precedents button from criminal or traffic matter  in LEAP, or select the Victorian Traffic Offences Guide on the By Lawyers website.

Criminal & Traffic Law – Finalisation letters – NSW

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Enhancements to finalisation letters

The finalisation letters in the By Lawyers Criminal and Traffic Guides (NSW) have been enhanced.

The finalisation letters now cover all sentencing outcomes, including Community Correction Orders.

There are now separate finalisation letters in the Traffic guide for drink driving offences, which include an Interlock order as a sentencing outcome, and for general offences, which do not include the Interlock outcome.

In both guides there is now also a separate letter dealing with deferral of sentence under s 11 Crimes (Sentencing Procedure) Act 1999.

Feedback regarding By Lawyers content

This enhancement was completed as a response to client feedback. At By Lawyers we love to receive feedback from our subscribers and we really appreciate busy practitioners taking the time to let us know what they need from our content.

We are always available via email: askus@bylawyers.com.au.

For LEAP users with By Lawyers as a companion product, there are two additional ways to provide feedback:

  • When in a LEAP matter, in the top right hand corner of the screen there is a blue question mark icon. Clicking on it reveals a drop-down box for the LEAP Community pages – one of these is ‘Help, support and feedback’. There is also a By Lawyers tab on the LEAP Community page which provides helpful information about using By Lawyers content.
  • When using any precedent in LEAP there is  a ‘Provide Feedback’ button in the ribbon at the top of the document, next to ‘Save to matter as PDF’. This opens to a feedback form, where any issues or suggestions regarding the precedent can be provided. Where such feedback relates to a By Lawyers precedent, LEAP send it on to us and we will always address it promptly, directly with the user.

By Lawyers have often introduced new precedents or enhanced our commentaries as a result of subscriber suggestions. Whenever we see a need for the suggested additions or amendments we are happy to oblige, so as to benefit not only the firm that made the request but all of our other users as well. Sometimes our subscribers will not only identify an issue, such as a new precedent that might be needed, but they will also provide us with the resolution – a precedent they have developed themselves and are happy for us to publish for the assistance of others. The law is, after all, a noble profession and helping each other in a collegiate way is one of the hallmarks of being a lawyer.

Our mission at By Lawyers is to help our subscribers enjoy practice more. Responding to feedback is one of the ways we do it.

Magistrates’ Court Criminal Guide updated – VIC

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Our Victorian Magistrates’ Court Criminal guide has been updated, to make sure our Victorian subscribers who conduct criminal and traffic matters, or appear for applicants or respondents in Intervention Orders, in the Magistrates’ Court are right up to date with the law and practice.

The extensive review by our author, barrister Simone Tatas, includes recent amendments to both bail laws and sentencing for traffic offences. As with all our authors, Simone takes a practical approach, drawing on her experience as both a prosecutor and defence lawyer, to cover all aspects of procedure and focus on practical tips that will help practitioners confidently represent their clients and successfully run their matters in the Magistrates’ Court.

The commentaries have been updated in all of the guides in our publication – Criminal matters, Traffic matters and Intervention Orders. Highlights include:

  • bail amendments and the new ‘exceptional circumstances’ test;
  • programs the client needs to have completed before applying for re-licencing after a disqualification – taking into account whether the offence was committed before or after 1 April 2018;
  • steps to take prior to the commencement of a plea if imprisonment is a real possibility;
  • Community Corrections Orders as a sentencing option;
  • the application of the Behaviour Change program;
  • what to do when a client is in custody and an appeal needs to be listed;
  • the National Domestic Violence recognition Scheme;
  • The effect of ‘no electronic publication’ conditions in Intervention Orders.

Precedents include specific Retainer Instructions for Bail applications, Pleas and Mitigation, as well as for Criminal matters generally, Traffic matters and Intervention Orders. These have all been reviewed to ensure they reflect current law and practice.

We invite you to explore the matter plans in these guides and consider the wealth of assistance this publication offers for lawyers who appear in the Magistrates’ Court criminal jurisdiction.

New publication – Traffic Offences – Magistrates Court WA

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We are very pleased to announce the release of another comprehensive step-by-step guide for Western Australian practitioners, being Traffic Offences WA.

This publication covers all aspects of practice and procedure when acting for the defendant in proceedings involving traffic offences in the Magistrates Court.

The guide assists practitioners with all aspects of representing clients in traffic matters, from providing advice in relation to infringement notices, to going to court.  The commentary is practical and easy to understand, with numerous helpful precedents and all current Magistrates Court forms included.

Key content includes:

  • Law and procedure relating to licence offences and alcohol & drug offences with an appendix for each category summarising the fine and any disqualification period or gaol term for most common offences. Retainer instructions are included on the matter plan.
  • Extensive library of initial letters to client for all BAC and drug driving offences explaining in simple terms the offence, the fine amount and any likely disqualification period or gaol term.
  • Practical guidance in preparing for court, with detailed commentary on analysing the charge and conducting plea negotiations. An instruction sheet for guilty pleas is also included on the matter plan.
  • Rehabilitation and specific program options are discussed, including the alcohol interlock scheme.
  • Client mental health considerations, with a letter of instruction to a psychiatrist or psychologist.
  • Example written submissions on sentence.
  • Information on appeal rights and time limits.

This guide is an invaluable resource for all practitioners who conduct traffic offence matters in the Magistrates Court, including those with limited experience in this area, or those supervising younger lawyers.

Traffic offences – NSW – Infringement notice offences

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The commentary in the By Lawyers NSW Traffic Offences Guide now includes a section on ‘Infringement notice offences’, dealing with the situation where a client wishes to challenge a traffic infringement notice in court.

The commentary now also includes a table of common infringement notice offences, detailing the maximum penalty and demerit points applicable for each offence, along with the section of the relevant legislation establishing the offence.

The penalty referred to in the table is the maximum penalty for an offence if convicted by a court, so the table is useful for advising the client what penalty will apply if they take the matter to court but are unsuccessful.

To assist with the comparison, there is a link to a table of common offences published by Roads & Maritime Services NSW which includes the applicable fine for each offence when not electing to have the matter heard by a court.

All penalties are stated in ‘penalty units’. For information about what a penalty unit is and how to calculate the monetary penalties, see the By Lawyers commentary ‘Calculating Penalty Units’.

NSW – Traffic offences – Application to remove driver licence disqualification added

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Application to remove driver licence disqualification precedent has been added to the Traffic Offences matter plan as a result of the recent commencement of the Road Transport Amendment (Driver Licence Disqualification) Act 2017 which commenced on 28 October 2017.

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