Driving Offences Law & Lawyers

Driving Offences Law & Lawyers News

NEWS, UPDATES AND FURTHER INFORMATION - DRIVING OFFENCES

The Australian Road Rules (the Rules) are a set of model road rules developed by the National Road Transport Commission (NRTC) which form the platform for State and Territory road rules across Australia. The first edition of the Rules was published on October 19, 1999, and marked a milestone in road safety policy and legislation across Australia.

Some helpful tips to remember for when you pulled over for a driving offence:

Driving a motor vehicle on a highway:

• A highway is legally defined as any place where the public may legally drive or park a motor vehicle, and it also includes all road reserves, nature strips, footpaths, cycle paths etc.
• You must stop your vehicle if requested to do so by a police member, and you must obey any lawful direction given to you by a police member.
• You must state your name and address when requested by a police member.
• You must produce your driver's licence on request (if you do not have it on you, you have seven days to produce your full drivers licence to a police station)
• You must be licenced to drive a motor vehicle on a highway. Penalty: a possible prison sentence if driving whilst disqualified or suspended.
• The vast majority of traffic offences apply specifically to driving on a "highway".

Right to Silence

Whenever you are spoken to by the police you have a right to remain silent save for situations where parliament has passed laws that oblige you to give information.

A driver of a motor vehicle on a highway is required to state his/her name and address, otherwise he/she may remain silent.

A registered owner of a motor vehicle must give information known to him which may identify the driver of the motor vehicle at any particular time (penalty 2 years licence loss).

Answering police questions usually helps the police to prove an offence has been committed.

If you are asked for your reason for committing any offence, stating a reason can be interpreted as an implicit confession to having committed the offence, but is rarely accepted as exculpation for it can be taken as an admission to speeding but is not a reasonable excuse for it.

When the police ask you for your reason for committing an alleged offence it is in your interests and within your rights to remain silent or to deny committing any alleged offence rather than offer any explanation for your actions.

Usually the police won't exercise their discretion to "let you off with a warning" unless you have an extraordinarily meritorious and believable excuse, or your denial causes sufficient doubt to linger in the police member's mind.

If you are required to undergo a full breath test, the police will ask you lots of questions. The answers to these questions generally help the police prove their case and often prevent you from raising defences that might otherwise have existed. Answering questions greatly increases the likelihood that the police will charge you with an offence. Everything you say will be recalled and used against you in court. The police will use your answers to prove essential facts such as who was the driver, time of driving, time of accident and time of drinking etc.

Answering police questions is generally not in your interests and is often very damaging to your defence. It is easier to defend charges if a driver has told the police nothing more than his name and address.

If you think there is something important the police should know, your lawyer should be able to communicate it to the police on your behalf.

If, despite the above, you decide it is best to answer police questions, you can insist upon the conversation being tape recorded. There are tape recording facilities at every police station and you have the right to insist that they be used before you answer any questions. (Make sure the tape is in and the record button is pushed before you start the interview). This is usually the only way you can verify the conversation afterwards, especially as it will be alleged in court that your memory was affected by alcohol or drug. Police procedure guidelines require tape recording facilities be used when conducting interviews where such facilities exist. Despite this, it is extremely rare for tape recordings to be made of traffic offence interviews.

A significant percentage of cases in the Magistrates Court involve people who believed they had 'nothing to hide' and who voluntarily attend police interviews only subsequently to regret having done so when they discover that the result of the interview is that the police nevertheless lay charges against them. It gets even worse when the defendant's lawyer advises the defendant that had they chosen to remain silent and not to attend the police interview the police would have had insufficient evidence to prosecute the charge. This probably happens daily. Although a defendant who is co-operative will usually have that taken into account in mitigation and in reduction of penalty, this is impossible in drink dirving cases because there is mandatory sentencing for all drink driving offences. The court has no discretion and a co-operative driver will commonly get the same penalty as an uncooperative driver. Mandatory sentencing removes the incentive to answer police questions, and increases the incentive to defend drink driving charges.

If Magistrates had normal full sentencing discretions, many more lawyers would advise drink drivers to make full admissions, be co-operative, demonstrate remorse, plead guilty and try to avoid or reduce licence loss.

If you are questioned by the police:

You have to state your name and address if the police reasonably suspect you have committed an indictable or summary offence and the police member tells you what that offence is, or the police member reasonably believes you are able to assist in the investigation of an indictable offence.

You do not have to go with the police unless you are arrested (in which case you usually have no choice)

Generally, you do not have to produce any identification (but if you are arrested you will get bailed quicker if you do)

If the police request you to attend at the police station to assist them with their investigations, you do not have to go.

If you go you do not have to answer any questions and you can leave at any time provided you are not under arrest. You can have a lawyer accompany and advise you. See also Right to Silence.

If you are the registered owner of a vehicle, you must not refuse to give police information that may lead to the identification of the driver of your vehicle on any occasion. (Penalty: at least 2 years licence loss and up to 4 months prison).

You are never obliged to say or do anything unless the law imposes a penalty upon you for failing to do so.

The police do not have power to search you (unless they have reason to believe you have possession of an illegal substance or thing).

If the police try to search or detain you unlawfully you can use reasonable force to resist them.

You have to state your name and address when requested by an authorised person if you are driving a motor vehicle on a highway.

You are also obliged to do so under provisions of some legislation.

If the police come to your door:

Generally, the police have no power to enter your home (whether it is to speak to you, to breath test you or for any other reason) without a search warrant.

You are not obliged to answer the door of your home if the police (or anyone else) knocks on it.

You do not have to let the police inside (but if they have a search warrant they will exercise their right of entry).

You do not have to say anything to the police (unless certain legislation requires you to provide certain information, e.g. a registered owner of a vehicle must disclose the identity of any person driving the vehicle if requested).

You can ask the police to leave your property at anytime.

If you answer the door the police may ask you to undergo a breath-test and in that case you must undergo the test else face a charge of refusing a breath test.

If your door is left open the police might walk in without seeking an invitation.

The police may ask you for permission to look in your premises (cupboards. boxes, sheds etc.) It is your choice whether you let the police search your personal property but generally it is not in your interests to do so.

Lawyers practising traffic law are used to dealing with all types of motoring offence, including:

•Causing death by dangerous driving
•Causing death by careless driving whilst under the influence of drink or drugs
•Dangerous driving
•Driving whilst disqualified
•Driving or attempting to drive whilst unfit through drink or drugs
•Being in charge of a motor vehicle whilst unfit through drink or drugs
•Failing to provide a specimen for analysis
•Driving otherwise than in accordance with a licence
•Failing to stop after an accident and give particulars or report an accident
•Driving a motor vehicle whilst uninsured or unsecured against third party risks
•Careless driving
•Failure of the registered keeper of the vehicle to give information of the identity of driver
•Tacograph offences
•All road haulage offences
•All speeding matters, cameras, Gatso, speedguns etc
•Document offences

Lawyers practising traffic law can minimise your chances of disqualification and keep you on the roads. Lawyers practising traffic law specialise in all aspects of motoring and road traffic law including haulage.

Lawyers practising traffic law are able to assist in all cases including those involving traffic light and road marking contravention, mobile phone use, excess weight and overloading, penalty points and totting up, exceptional hardship and special reasons.

If you are facing a motoring charge or have a matter regarding a traffic offence and would like legal help, then please complete your free legal enquiry form on the right, or click here.

Driving Offences Law & Lawyers Updates

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Wed, 10 Jun 2026 09:25:03 +0000

Three people die in separate crashes on South Australian roads in one day, including a 23-year-old woman who was struck by a rubbish truck in Adelaide's north-east.