Reckless driving or dangerous driving is typical in Australia. Most of the offenders of reckless driving are youths. Australian law penalises anyone who is caught driving recklessly. A person is not exempted from legal actions even if it is their first offence.
Reckless driving is described as a breach of properly dealing with a vehicle on the road. It includes speeding over 45 kmph or driving a motor vehicle at more than 155 kmph. It also involves circumstances, such as street racing, road rage and burnouts.
Let us look at the legal actions faced by a person accused of reckless driving in different situations.
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- Circumstances Of Aggravation And Failing To Stop
Mandatory imprisonment is provided to an offender of reckless driving in an aggravated situation. It is compulsory to stop the vehicle during a police pursuit. It is considered a crime to not stop the car if it is stopped in a police pursuit. Committing this crime means you will be put behind bars for six months minimum. First and second-time offenders lose their licenses for two years. But third-time offenders face a lifetime ban on possessing a permit. You should hire a reckless driving lawyer as soon as you are accused of reckless driving.
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- Vehicle Impoundment
Police officers have the right to impound a vehicle if they think that the driver has been driving recklessly. The car can be impounded immediately or within the next 28 days. The police can also serve a surrender notice. If you get a surrender notice, you are supposed to surrender your vehicle within seven days. For first time offenders, the car is kept in custody for a minimum of 28 days. For the subsequent times, it is impounded for three months at the least. The driver must pay all the expenses of impounding, including the fees for towing and storage.
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- Reckless Driving Causing Death Or Severe Injuries
The penalty for reckless driving causing death or severe injuries can be imprisonment for seven years. The imprisonment can be up to 14 years if the crime is committed in an aggravated situation. A judge determines the punishment in the District Court. To get a conviction on these charges, many elements of the charge are required to be provided.
The law related to dangerous driving is complex, and many complicated situations arise. In such a situation, it is necessary to seek help from dangerous driving lawyers.
Questions You Should Ask Your Reckless Driving Lawyer
The first thing you should do after being accused of reckless driving is to hire a lawyer. You can ask the following questions to your lawyer to ensure that you end up with a good one. Another thing you’ll want to know is whether or not the lawyer has experience in the area in which your legal issue falls.
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- How Often Do You Handle Case Related To Driving And Traffic Laws?
You should select a lawyer who is experienced in handling reckless driving charges. You should find careless driving lawyers because they will have the relevant skills to help you. It is a wise idea to hire someone who specialises in precisely what you need. This will increase your chances of getting over the charges with no or minimal punishment. The lawyers who have sharpened their skills in dealing with traffic and misdemeanour cases will be appropriate for you.
A lawyer with an inclination towards such cases will have experience with similar cases in the courtroom. They deal with reckless driving cases frequently and theory and possess the right skillset.
They are familiar with the laws and charges, which means they are good at getting rid of these charges. The lawyer with the right experience will take you to court, where your case will be handled with ease.
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- How Much Do You Charge For A Reckless Driving Case?
You must know the financial expense that you will have to bear before hiring a lawyer. Some lawyers offer phone meetings where you can get an idea about their fees. You can also meet some lawyers in person before finalising them to handle your case. You must talk to more than one attorney and compare their expense. You can read their reviews online or even personally inquire about their success rate. This way, it is ensured that you end up with the most appropriate lawyer for yourself.
Some lawyers handle all cases at a flat rate. On the contrary, some lawyers charge you according to the offence. You should also use your negotiating skills if you get an opportunity. It is necessary to know about the fee of the lawyer beforehand to avoid conflicts in future. It is wise to get everything in writing and develop a formal agreement.
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- Do You Know The Ticketing Officer And The Judge?
If the lawyer knows the ticketing officer, it can become advantageous for you. Most traffic lawyers have a good relationship with ticketing officers. The discretion of the ticketing officer can help you out in winning the case. Moreover, the lawyer you choose should know the judge. Simply knowing the name of the judge does not help your case. But not knowing the name indicates a lack of familiarity. Ask your attorney which judge will be handling your case and verify if they have a good rapport with the judge. Therefore, it is sensible to hire an attorney who has good connections. This will ensure that everything works in your favour.
Key Takeaway
Reckless driving is considered an offence in Australia. You must follow all the traffic rules while you are on the road. You will be penalised for going against the law even if you are a first time offender. If you are accused of reckless driving, it is advisable to seek professional assistance from a legal expert. Consult an experienced traffic lawyers Perth who frequently deals with cases related to traffic laws. Remember to ask the above-discussed questions to end up hiring the most suitable lawyer for your case.
