Can I Defend a Traffic Charge?
Being charged with a traffic offence does not automatically mean that you should plead guilty. Whether you have been charged with drink driving, drug driving, dangerous driving, careless driving or another traffic offence, the prosecution must prove the charge beyond reasonable doubt.
If you are wondering whether you can defend a traffic charge, the answer is yes. Whether you have a viable defence depends on the evidence, the circumstances of the alleged offence and whether the prosecution can prove every element of the charge.
Do I Have to Plead Guilty?
No.
Many people assume that because they received a ticket or were charged by police, they have no option but to plead guilty. That is not the case.
Like every criminal offence, a traffic charge can only result in a conviction if the prosecution proves the offence beyond reasonable doubt.
Before deciding how to plead, it is important to carefully review the prosecution brief, consider the available evidence and obtain legal advice about the strength of the case.
What Must the Prosecution Prove?
The prosecution must prove each element of the particular offence.
For example, depending on the charge, the prosecution may need to prove:
that you were the driver;
that the vehicle was being driven on a highway or road;
your speed or manner of driving;
the result of a breath or drug analysis;
that your licence was suspended or disqualified; or
that you failed to comply with a legal obligation under the Road Safety Act 1986 (Vic).
If the prosecution cannot prove every element beyond reasonable doubt, you are entitled to be found not guilty.
What Are Some Common Defences?
The available defence depends on the particular charge.
In some cases, the issue may be whether police have correctly identified the driver. In others, there may be questions about the accuracy of speed detection equipment, the lawfulness of a police procedure or whether the prosecution can prove that the driving met the legal definition of the offence.
Some cases also involve conflicting witness evidence, unreliable recollections or CCTV or dashcam footage that does not support the allegations.
Every traffic matter is different, and a careful review of the evidence is essential before deciding whether to contest the charge.
Can the Charges Be Reduced?
Yes.
In some circumstances, it may be appropriate to negotiate with the prosecution to seek the withdrawal of a more serious traffic charge in exchange for a plea of guilty to a less serious offence.
For example, there are cases where the evidence may support a charge of careless driving rather than dangerous driving, or where another offence more accurately reflects the conduct alleged.
Whether negotiations are appropriate depends on the available evidence and the circumstances of each case.
What Evidence Will Be Used?
Traffic prosecutions often rely on a range of evidence.
This may include witness statements, police observations, body-worn camera footage, dashcam recordings, CCTV footage, speed detection evidence, breath or drug analysis certificates, accident reconstruction reports and admissions made during a police interview.
Carefully reviewing that evidence is an essential part of determining whether the prosecution can prove the charge.
Should I Get Legal Advice?
Yes.
Traffic offences can carry significant consequences, including criminal convictions, fines, licence suspension or disqualification and, for more serious offences, imprisonment.
Before deciding whether to plead guilty or contest a charge, it is important to understand the strength of the prosecution case, whether any legal defences are available and what outcome is realistically achievable.
Early legal advice allows informed decisions to be made and ensures that any weaknesses in the prosecution case are identified.
Speak to Wilkinson Lawyers
If you have been charged with a traffic offence in Victoria, Wilkinson Lawyers can help. We regularly represent clients facing a wide range of traffic offences throughout Victoria. We can carefully assess the prosecution evidence, advise whether your traffic charge can be defended and, where appropriate, negotiate with the prosecution or represent you at a contested hearing to achieve the best possible outcome.
Contact Jess Wilkinson on 0468 364 121 or jess@wilkinsonlawyers.com.au to discuss your matter and obtain advice about the best way forward.
