AFTER HOURS: 24/7 Peter Maley
Traffic Law
Driving Offence Lawyers Serving Darwin and The Rural Community
Our Lawyers Can Help
If you have been charged with a driving offence, our lawyers can help you navigate the legal proceedings. We’ll provide information on the law behind the charge, the maximum penalty in the law, what the police or prosecutor needs to prove and the defences to these charges.
Dangerous Driving Offences
Causing Death or Serious Harm
- A person is guilty of a crime if the person drives a motor vehicle dangerously and that conduct causes the death of another person.
- A person is guilty of a crime if the person drives a motor vehicle dangerously and that conduct causes serious harm to another person.
- A person drives a motor vehicle dangerously if the person drives the vehicle while under the influence of alcohol or a drug, at a speed or manner that is dangerous to another person.
Hit and Run
The driver of a vehicle is guilty of a crime if the vehicle is involved in an incident that results in the death of or serious harm to a person and the driver fails to stop the vehicle at the scene of the incident to give assistance to the person.
The fault elements include when the driver knows or is reckless as to whether or not the vehicle was involved in the incident or if the incident resulted in the death of or serious harm to a person.
Recklessly Endangering Life
A person is guilty of a crime if the person engages in conduct that threatens serious harm to another person. This includes if the person is reckless as to the danger of serious harm to the person that may arise from his or her conduct.
Negligently Causing Serious Harm
A person is guilty of a crime if the person engages in conduct that causes serious harm to another person and if the person is negligent as to causing the serious harm.
As a locally owned & operated business, we care about attention to detail
Drink Driving Offences
Possible Defences for Drink Driving Offences
There are a number of defences available. A person who is required to provide a sample of breath into a breath analysis machine should be provided with a print out from the police detailing the results within one hour of providing the sample.
A person required to provide a sample of breath into a breath analysis machine also has the right to ask the operator of the machine to make the necessary arrangements for a blood test.
Finally, if you have any medical reason why you can’t blow into the breath analysis machine, then you must explain your situation to the police who can arrange for you to be transported to the hospital for a blood sample.
There are defences for people with levels exceeding .08. People whose licence is crucial for their employment should speak with a specialised criminal lawyer to ensure that there are defences available.
Know the Law
The Northern Territory courts take drink driving offences very seriously. Under the drink driving legislation, a person who pleads guilty or is found guilty of driving with a blood alcohol level of over the legal limit will lose their drivers licence for a specified period. The legal limit in the Northern Territory is .05. In many cases, the magistrate has no discretion and there are no exceptions.
Maximum Penalty
We note that these offences and penalties are constantly being renewed and updated. It is important that you check the section of the act at the time you are charged with an offence so that you can be aware of precisely what the penalty will be.
