Road Traffic Offences
Road traffic offences in Western Australia covers a range of offences related to road safety and driving conduct. These offences are typically governed by the Road Traffic Act 1974 and can have serious consequences for your ability to drive, as well as your financial and legal standing.
Common traffic offences include driving under suspension, dangerous or reckless driving, and “hoon” law charges. These are usually dealt with in the Magistrates Court and may lead to fines, disqualification or suspension of your driver’s licence, or even impounding or confiscation of your vehicle.
More serious offences, such as reckless, dangerous, or negligent driving that result in death or grievous bodily harm, are handled in the District Court. Convictions for these types of offences can result in severe penalties, including terms of imprisonment.
While legal representation is not mandatory when facing traffic charges, it can make a significant difference in the outcome. Working with a lawyer who specializes in traffic law can help you understand the charges, your rights, and the potential defences available to you.
At Mountains Lawyers, our experienced team understands the importance of your driver’s licence for employment, family, and educational responsibilities. We recognize that many traffic offences carry substantial fines or disqualification periods, and we’re here to help. We will carefully examine the specifics of your case to determine if you have a defence or identify any mitigating factors that may reduce the penalties you face. Where possible, we can also assist with applications for extraordinary licences.
Our team in Rockingham and Mandurah is ready to provide professional, supportive, and experienced representation to help you achieve the best possible outcome.
Extraordinary licence applications
Losing your licence can be a major disruption, impacting your work, family responsibilities, and independence. In Western Australia, if your licence has been disqualified, you may be eligible to apply for an Extraordinary Driver’s Licence (EDL). An EDL allows limited driving privileges under specific conditions, which can be vital for those who rely on driving to maintain employment or other essential aspects of their life.
At Mountains Lawyers, based in Rockingham and Mandurah, we have extensive experience helping clients navigate the complex process of applying for an extraordinary licence. We know how crucial driving is for many people, and we’re here to help you regain some independence
What is an Extraordinary Licence?
An extraordinary licence (EDL) is a restricted form of driver’s licence available to individuals who have had their licence suspended or disqualified. It is only granted in exceptional circumstances where the applicant can demonstrate a strong need to drive—often for employment, medical, or family reasons. An EDL typically comes with strict conditions, such as restrictions on the times, purposes, or distances you can drive.
Common Offences Leading to Licence Disqualification
Some common offences that can lead to licence disqualification—and, subsequently, a need to apply for an EDL—include:
- Drink and Drug Driving: Driving under the influence of alcohol or drugs is a major offence that often results in immediate disqualification.
- Excessive Speeding: High-range speeding offences may carry mandatory disqualification periods.
- Reckless or Dangerous Driving: Serious traffic violations, including reckless or dangerous driving, are often grounds for licence disqualification.
- Accumulation of Demerit Points: Drivers who accumulate too many demerit points may face an automatic suspension.
If you have been disqualified due to any of these offences, you may be eligible to apply for an EDL, depending on the specifics of your disqualification.
Benefits of Applying for an Extraordinary Licence
Obtaining an extraordinary licence can help reduce the personal and professional impacts of a disqualification. An EDL allows you to continue driving within specific limits, which can be critical if you need to:
- Commute to Work: Many jobs require reliable transportation, and an EDL can help ensure you don’t lose income due to lack of access to a vehicle.
- Meet Family Obligations: If you are a primary caregiver or need to drive for family responsibilities, an EDL can help maintain stability in your household.
- Attend Medical Appointments: If you or someone in your care requires regular medical treatment, an EDL can help ensure you can meet those needs.
The Process and Requirements for an EDL Application
Applying for an EDL involves a detailed application process and often a court appearance. To qualify, you must be able to demonstrate that you have a genuine need to drive and that the inability to do so would cause severe hardship for you or your family. The court will assess:
- Your reason for needing an EDL: This might include work requirements, medical needs, or family responsibilities.
- Evidence of your circumstances: Supporting documentation, such as letters from employers or medical practitioners, can help demonstrate your need.
- Your driving history and the nature of the offence: More serious offences or a pattern of risky driving behaviour may make it harder to secure an EDL.
Benefits of Legal Advice and Representation
While legal representation is not required for an EDL application, if an EDL application is rejected, the applicant will not be eligible to reapply for 6 months. An extraordinary licence application is a legal process that requires clear documentation, a strong case, and a clear understanding of the court’s expectations. Engaging experienced legal representation can help in the following ways:
- Building a Strong Case: We will help you gather and present compelling evidence to show your need for an EDL.
- Preparing You for Court: An EDL application usually involves appearing before a magistrate. We will ensure you are well-prepared and understand what to expect.
- Maximizing Your Chances of Success: Our legal team has a deep understanding of the EDL process, and we will work diligently to help you achieve a positive outcome.
At Mountains Lawyers, we are here to provide supportive, understanding, and professional guidance every step of the way. With offices in Rockingham and Mandurah, we’re committed to helping you get back on the road with an extraordinary licence, so you can maintain the essential parts of your life. Let us help you navigate this challenging process and work toward the best possible outcome.
Drink Driving and Driving Under the Influence of Drugs
At Mountains Lawyers, we understand that facing charges related to drink driving or driving under the influence of drugs can be overwhelming. Our experienced team, based in Rockingham and Mandurah, is here to guide you through the process with professionalism, understanding, and a commitment to achieving the best possible outcome.
Overview of Drink and Drug Driving Offences
In Western Australia, drink driving and driving under the influence of drugs are serious offences under the Road Traffic Act 1974. The law imposes strict penalties to deter impaired driving and ensure public safety. These offences cover situations where an individual drives or attempts to drive with a blood alcohol concentration (BAC) exceeding the legal limit, or with illicit drugs in their system. Charges can range from minor infringements to more severe offences, depending on the BAC level, presence of drugs, and any aggravating factors, such as prior offences.
Some common offences related to drink and drug driving include:
- Driving with a BAC over the legal limit (0.05 for full licence holders and zero for novice or learner drivers)
- Driving with a BAC over 0.08 (higher penalties apply)
- Driving under the influence of drugs (any amount of illicit drugs in the system)
- Refusal to comply with a breath, blood, or saliva test (considered a serious offence)
- Dangerous driving under the influence (when impairment leads to dangerous driving)
Each of these offences carries specific penalties, with the severity typically escalating for repeat offences or higher BAC readings.
Potential Consequences of a Conviction
A conviction for drink or drug driving in WA can have both immediate legal consequences and far-reaching impacts on your personal and professional life. The consequences of conviction may include:
- Fines – Financial penalties can vary widely, depending on the severity of the offence.
- License Suspension or Disqualification – License suspension periods range from several months to several years, affecting your freedom and daily responsibilities.
- Imprisonment – In more serious cases, such as repeat offences or dangerous driving, offenders may face prison sentences.
- Increased Insurance Costs – Insurance premiums are likely to rise significantly after a conviction.
- Employment Impacts – For those who rely on a driver’s license for work, losing your license can put your job at risk. Certain professions may also require a clean record, limiting career options.
Additionally, having a criminal record for drug or drink driving can affect international travel opportunities and, in some cases, future employment prospects.
Benefits of Legal Advice and Representation
Navigating the complexities of drink and drug driving laws without professional guidance can lead to unintended consequences. The legal process involves understanding evidence, assessing the circumstances of the case, and preparing for court appearances. By seeking legal representation from Mountains Lawyers, you benefit from:
- In-Depth Knowledge of Traffic Law – Our team has years of experience in WA traffic law and can help you understand your rights and options.
- Protection of Your Interests – We work tirelessly to minimize penalties and explore alternatives to conviction where possible, such as community programs.
- Guidance Through the Court Process – We’ll guide you step-by-step, ensuring you feel informed and supported throughout the entire process.
- Potential for Reduced Penalties – In certain cases, effective legal representation can help negotiate reduced fines, shorter disqualification periods, or alternative sentencing.
Contact Us Today for Support and Advice
If you’re facing drink or drug driving charges, don’t face it alone. The legal team at Mountains Lawyers is here to provide the expert advice and representation you need. With offices in Rockingham and Mandurah, we’re conveniently located to serve you. Contact us today for a confidential discussion about your case and find out how we can help you move forward.
Dangerous, Reckless, or careless Driving
At Mountains Lawyers, we understand that traffic charges, especially those involving dangerous, reckless, or careless driving, can be both complex and daunting. Our experienced team, based in Rockingham and Mandurah, is here to provide clear, supportive guidance and effective representation to help you navigate these challenging situations.
Understanding Dangerous, Reckless, and Careless Driving Charges
In Western Australia, dangerous, reckless, and careless driving are distinct but serious offences under traffic law. Each of these offences addresses driving behaviours that are seen as putting public safety at risk, though they vary in severity and potential consequences. Convictions in this area can range from fines and demerit points to imprisonment, depending on the nature and circumstances of the offense.
- Careless Driving generally refers to driving without due care and attention or without reasonable consideration for other road users. This is often considered a lesser charge but can still result in fines and demerit points.
- Reckless Driving indicates a more serious level of dangerous conduct, often involving intentional, high-risk driving behaviours. This may include driving at excessively high speeds or driving aggressively.
- Dangerous Driving is often charged when a driver’s actions pose a substantial risk to the safety of others. This can be a broad category, covering anything from erratic driving to cases where others are directly endangered by the driver’s behaviour.
Common Offences in this Area
Some common offences that fall under dangerous, reckless, or careless driving include:
- Excessive speeding
- High-speed police chases
- Driving under the influence of alcohol or drugs
- Driving in a manner deemed dangerous to the public
- Aggressive or intimidating driving behaviour
Each case is unique, and outcomes will vary based on factors such as prior driving history, speed, and road conditions at the time of the alleged offence.
Potential Consequences of Conviction
A conviction for dangerous, reckless, or careless driving can have serious and far-reaching consequences. Beyond fines, demerit points, or even imprisonment, a conviction may lead to:
- Loss of Driver’s Licence: Depending on the offence, you may face a mandatory disqualification period. For some offences, repeat offenders could face lengthy suspensions or even lifetime bans.
- Financial Consequences: In addition to fines, increased insurance premiums or loss of coverage can become a significant burden.
- Loss of Vehicle: In some cases vehicles may be impounded or even confiscated.
- Employment and Lifestyle Impact: Many people rely on their driving privileges for work, family obligations, or personal independence. Losing your licence can create major disruptions in day-to-day life.
- Criminal Record: More severe offences can result in a permanent criminal record, which may affect future employment opportunities and travel options.
Navigating a traffic law charge without guidance can be overwhelming. Engaging experienced legal counsel can make a substantial difference in the outcome of your case. At Mountains Lawyers, our goal is to provide each client with professional, understanding, and approachable support throughout the legal process. We know that facing a traffic charge can be stressful and confusing, and we’re here to give you peace of mind and clarity. With offices in both Rockingham and Mandurah, we’re accessible and ready to assist. Let us help you achieve the best possible outcome.
Speeding / Red Light / Mobile Phone driving charges
In Western Australia, strict traffic laws govern driver behaviour to protect public safety. At Mountains Lawyers, we understand that even minor lapses in attention can lead to serious penalties. If you’re facing charges related to speeding, running a red light, or using a mobile phone while driving, our experienced team in Rockingham and Mandurah is here to offer knowledgeable and compassionate guidance to help you through it.
Overview of Speeding, Red Light, and Mobile Phone Offences
Traffic laws around speeding, obeying red lights, and mobile phone use are designed to reduce accidents and keep everyone safe on the road. The law holds drivers responsible for adhering to speed limits, obeying traffic signals, and avoiding distractions caused by mobile phones. Violations in this category are often classified as strict liability offences, meaning that even unintentional or momentary breaches of these rules can result in a fine or other penalties.
The Benefits of Legal Advice and Representation
Many people assume that charges like speeding or running a red light aren’t worth challenging. However, even minor traffic violations can have far-reaching consequences, especially if they lead to licence suspension or loss of income. Seeking experienced legal representation can make a substantial difference to your case’s outcome.
Here’s how we can help:
- Assessing the Strength of the Case Against You: We will carefully review the evidence and circumstances of your case to determine if any defences or mitigating factors apply.
- Reducing Fines and Penalties: In some cases, we may be able to negotiate a reduction in fines, demerit points, or other penalties.
- Preserving Your Licence: We understand that driving is essential for many of our clients’ livelihoods and daily lives. We will work to preserve your driving privileges whenever possible.
- Guiding You Through the Legal Process: Traffic law can be complex, but with Mountains Lawyers, you’ll have experienced guidance every step of the way.
At Mountains Lawyers, we pride ourselves on being approachable, professional, and understanding. We know that everyone can make a mistake on the road, and we’re here to help you resolve your case with as little stress as possible. With offices in both Rockingham and Mandurah, we’re here to assist you in safeguarding your future.