Reckless driving is not viewed as a minor lapse of judgment under Australian law. In Western Australia, it can be considered severe enough to lead to criminal charges very quickly, especially where there is alcohol, speeding, or intent to disregard road safety. Drink driving lawyers Perth handle cases where only one bad decision has resulted in serious repercussions.
This blog will describe how reckless driving is considered in Australia, what criminal charges are involved, and why it results in irreversible outcomes.
So far as Western Australia is concerned, under the Road Traffic Act, careless driving or reckless driving essentially means to drive a motor vehicle with a wilful and reckless disregard for the safety of other persons on the road.
Typical examples of such crimes include
If one’s behaviour threatens life and/or property, one can be prosecuted by the police through charges of crime as opposed to traffic charges.
Where the negligence in driving is, in fact, a risk to others, it may be said to be a crime. In Western Australia, prosecution is instituted either through the Road Traffic Act 1974 (WA) or the Criminal Code (WA).
Factors which can significantly contribute to high levels of charges include:
After the charges are filed, the matter is prosecuted before the courts, and the penalty does not end with the payment of fines and demerit points.
Reckless driving offence charges can result in the filing of many criminal charges.
Common charges include:
In some instances, charges associated with drink driving are laid together with charges for reckless driving, which increases the severity of the penalties.
The fines related to reckless driving in Australia are some of the toughest in the traffic law world, as they are aimed at ensuring public safety.
Possible consequences:
In severe cases, courts do not possess much discretion and may impose minimum sentences regardless of individual cases.
The effects of reckless driving are not merely a matter of sentencing. Some effects are irreversible and life-changing.
Long-term consequences may be:
A criminal conviction can follow an individual for life, influencing opportunities well beyond the courtroom.
Despite a conviction or sentence, the legal matter is not necessarily complete. Criminal appeal lawyers could be hired where there might be irregularities in the court of law, and the guilty party might receive harsh sentences.
Appeals can be on the following:
Although there is no guarantee that an appeals process will result in a successful outcome, it is possible that it can alleviate a penalty or reverse a guilty verdict if there is legal justification in Australia.
Cases involving reckless driving primarily involve technical evidence related to speed assessment, breath analysis, drug tests, and police conduct. The earliest engagement of a Criminal Lawyer Perth WA in the case may play a crucial role in determining the direction of the case.
Legal advice may be in order in the following areas:
The consequences of not seeking legal advice at the right time are the potential loss of opportunities to safeguard one’s rights and future.
Reckless driving is not a mere traffic offence in Australia. It is a crime, and the repercussions may have a drastically long-lasting impact on your life. The penalties range from jail time, drink driving charges, revocation of your license, to a ruined professional life and a criminal record.
Getting professional advice on time from a criminal appeal lawyer or a legal advisor is a significant step in dealing with the Australian justice system.