Hoon Offences / No Licence Loss, Fine Without Conviction
November 7, 2024
Case: Hoon Case Resolved On Plea After Rejecting Sentencing Indication Our client was charged with driving a dedicated track vehicle
The Road Safety Act 1986 governs offences committed in relation to driving of motor vehicles including licensing of drivers.
While Unlicensed Driving (Section 18) or Driving Whilst Suspended or Disqualified (Section 30) do not carry mandatory licence losses, a Magistrate has the discretion to impose one especially where the evidence shows the person was aware of their licence status and drove anyway.
The Court takes these matters seriously and for multiple contraventions, persons are at risk of Community Corrections Orders and jail.
In the case where someone dies or is seriously injured by a driver, the Crown can use the fact that a person was unlicensed or suspended/disqualified as a presumption that they drove in a manner that was dangerous.
The prosecutor has to prove that you drove a vehicle and was not licensed at the time.
Defences:
Penalties – S30 Road Safety Act:
The prosecutor has to prove that you drove a vehicle and was suspended or disqualified at the time.
Defences:
Penalties – S18 Road Safety Act:
Case: Hoon Case Resolved On Plea After Rejecting Sentencing Indication Our client was charged with driving a dedicated track vehicle
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