Categories: Reviews

How Do Traffic Offences in Queensland Work?

Have you recently committed a traffic offence?

The majority of traffic offences in Queensland are contained in and dealt with under the Transport Operations (Road Use Management) Act 1995 (Qld).

These offences usually proceed to completion in the Magistrates Court. More serious indictable offences are contained in and dealt with under the Criminal Code Act 1899 (Cth) (‘Criminal Code’).

These offences also commence in the Magistrates Court but will usually be transferred to higher courts, such as the District Court or Supreme Court.

Simple Traffic Offences

Simple traffic offences’ are offences for which infringement notices can be issued. A comprehensive list of these offences is found in Schedule 1 of the State Penalties Enforcement Regulation 2014.

If you are guilty of one of these offences, you are simply required to pay the fine within 28 days and any demerit points will subsequently be deducted by the Department of Transport and Main Roads (‘TMR’).

It is possible to start a payment plan to pay the fine by instalments. TMR has a free online service to check your demerit points and licence status.

Alternatively, section 22 of the State Penalties Enforcement Act 1999 (Qld) provides that within 28 days you can also:

  1. Make an election to have the matter determined in court; or
  2. Make a notification in respect of not being the driver at the time of the offence, being an illegal user declaration, a known or unknown user declaration, or a sold vehicle declaration.

Importantly, a summons to attend the Magistrates Court will be issued if no action is taken. A ‘summons’ is an order to appear before a Judge or Registrar.

Serious Traffic Offences

Serious traffic offences’ are indictable offences contained in the Criminal Code. A person charged with an indictable offence will be served with a notice to appear in court.

In circumstances where a person has been arrested and is in custody a bail application may be necessary.

Indictable offences which carry a penalty of three years imprisonment or less are considered a ‘relevant offence’ under section 552BA of the Criminal Code and must be dealt with in the Magistrates Court.

A common example of a relevant offence is Dangerous Operation of a Motor Vehicle under section 328A of the Criminal Code.

‘Dangerous driving’ is defined as operating a motor vehicle at particular speeds or in a manner that could endanger the public. In R v Webb [1986] 2 Qd R 446, the Court found that the driving in question needs to be objectively assessed in terms of what might be expected of a competent and careful driver.

Indictable offences, such as dangerous driving, are taken very seriously by the court and heavy penalties are imposed based on deterrence and community protection.

Do you need legal help?

The Law App was created to give everyone access to the lawyers they want at a price they can afford.

It’s not that we believe that lawyers always charge too much for their services it’s just that we can provide a way for lawyers to reduce their substantial costs and charge out rates by providing a cost effective place to advertise and a way to reduce their running costs so they can pass the savings on to clients.

We also understand that the legal industry prides itself on an ethos of assisting those less financially able where there is a need for equity in legal representation.

So we put the power in both the client’s and the lawyer’s hands. You can set a budget for what you want your lawyer to work to, or you can enter negotiations with lawyers to get the best deal for the problem. So whether you are looking for the best lawyer in the field or the best lawyer you can afford, The Law App Online is the complete legal marketplace to get great value from professionally accredited lawyers.

Prospective clients can rest assured that we have done what’s necessary to make sure the lawyers who provide you with their services are qualified and legally able to represent you in your legal matter. That is our warranty on you.

The Law App is a complete online marketplace for people to search for lawyers at a price they can afford and for lawyers to build an online presence to find clients without the need for heavy marketing expenses. We match clients to lawyers directly based on their field of expertise and allow fair bidding to reach the right price.

Our Vision:

Our vision is to provide a complete online marketplace to link lawyers in Australia with:

  1. People in need of legal services who cannot afford the full fees of most legal firms; and
  2. And experienced legal practitioners willing to work at reduced rates (facilitated by using The Law App) to benefit those in need.

Our Mission:

  1. To enlist and help lawyers develop a profile on The Law App in all parts of Australia across all areas of law for the benefit of lawyers and prospective clients alike.
  2. To avail the services of The Law App to the Australian public so that those wanting to access all levels and areas of legal service at a price point that they can afford, can easily do so.
  3. To provide the best link between lawyers and the public to help facilitate and nurture the professional relationships between them.

The Law App Online can help you find an experienced criminal lawyer at a price you can afford. Our expert team of criminal lawyers are focused on helping people resolve legal issues as soon as possible.

Read also – Automobiles

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