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Penalties for traffic offenses in Western Australia can be serious, and can significantly affect your life if you’re convicted. Penalties imposed can range from fines and loss of license to terms of imprisonment.
Traffic Offences, DUIs, Extraordinary Licences & Permanent Licence Disqualification in Perth & WA
If you have been charged with a traffic offence, get professional legal representation. At Porter Scudds law firm, our criminal defence lawyers have vast experience representing individuals on all traffic offences, and can help you understand your offence, fully protect your rights and help you get the best outcome.
Call usDRINK-DRIVING/DUI OFFENCES
Drink-driving offences are one of the most common driving offences. The West Australian Police Force state that if you are caught driving with a blood alcohol content (BAC) of between 0.05 and 0.08, you may either be infringed or required to appear in court. If you are charged with DUI [excess 0.15], you must appear in court. Your license will be suspended at the day of your being charged for most drink driving offences.
If you are caught again, the fines may increase, depending on your BAC at the time, and driver’s licence disqualification can occur.
For more information visit WA Police.
Common WA Traffic Offences
Traffic offences are covered by many acts, but most offences arise under the Road Traffic Act 1974.
Penalties may include fines, license suspension, imprisonment, impounding of your car, and even confiscation of your car.
Dangerous Driving Causing Death Or Grievous Bodily Harm
(Section 59)
Reckless Driving
Section 60, or
Dangerous Driving
Section 60 A
Driving With A Blood Alcohol Content Of Or Above 0.08, 0.05
(Section 64, Section 64 AA)
Dangerous Driving Causing Bodily Harm
(Section 59 A)
Careless Driving
(Section 62 A).
Certain Persons Driving With A Blood Alcohol Content Of Or Above 0.02
(Section 64 A)
Careless Driving Causing Death, Grievous Bodily Harm Or Bodily Harm Drink Driving, Driving Without A Licence
(Section 59 BA)
Driving Under The Influence Of Alcohol, A.k.a. Drink Driving, DUI
(Section 63)
Driving While Impaired By Drugs And Driving With A Prescribed Illicit Drug In Oral Fluid Or Blood
(Section 64 A, Section 64 AC)
Why Porter Scudds lawyers?
Porter Scudds has represented many accused individuals on traffic charges, and often, offences of this kind require an expert. Therefore, we have a team of experts we work closely with on these charges to optimise your chances of the best outcome.
Do I need a lawyer for a traffic offence?
If you are charged with a drink-driving offence such as .08 or DUI [excess .15], we recommend you have a lawyer to represent you in court to get the lowest penalty and find out any defences that are available to you.
EXTRAORDINARY DRIVER’S LICENCE
Many people are keen to know if they can get their licence back after disqualification, particularly if they need to drive for work, family or health reasons. If you strongly feel that you need to get your licence back, you may be able to apply for an extraordinary drivers licence.
Extraordinary drivers licences are not available for fines suspensions or demerit point suspensions.
IMPORTANT: You can apply for an extraordinary drivers licence without a lawyer. However, if your application is denied, you cannot apply for an extraordinary licence again for six months.
Porter Scudds will assist you in the following ways:
Guide you through the entire legal process.
Prepare you for giving evidence in court in support of your application, and question you during the appearance.
Assist you in drafting the application and affidavit in support of your application.
Appear for you in court and make submissions to the magistrate deciding whether to grant you the extraordinary license.
The law and extraordinary licenses
The law relating to applying for extraordinary driver’s licenses is covered by the Road Traffic (Authorisation to Drive) Act 2008. If you have lost your driver’s license, Porter Scudds can help you apply for an extraordinary driver’s licence.
Porter Scudds have successfully applied for multiple extraordinary drivers licences and can make this process significantly easier for you. In applying for an extraordinary driver’s licence, your application must cover specific areas that the magistrates will consider in determining your application.
Wait times for extraordinary licences
If your licence was suspended by the court, you must wait a specific time before you can apply for an extraordinary licence.
The specific wait time for an extraordinary licence is generally 21 days, but the period can change. The court can advise you of the period you must wait before you can apply for your extraordinary licence. We can prepare your matter to file your application as soon as the period ends.
Removing a permanent license disqualification (life disqualification)
If your licence has been permanently disqualified/life suspension, after a certain period (generally ten years), you can apply to the District Court of Western Australia to have your permanent license disqualification removed.
We recommend you hire a lawyer to help with your application. Removing a permanent license disqualification involves filing various documents with the court, which should consider certain areas, including your character and a medical report with a liver function test.
Porter Scudds will assist you in the following ways:
Porter Scudds has represented and had multiple clients successfully have their permanent licence disqualifications removed, and they are now driving again with an unrestricted licence.
Guide you through the entire legal process.
Assist you in drafting the affidavit in support of your application.
Guide you through obtaining the relevant supporting documentation required with your affidavit.
Appear for you in the District Court and make submissions to the District Court Judge deciding whether to remove the permanent disqualification.
Do I need a lawyer for a traffic offence?
A lawyer will help you get the lowest penalty for your traffic offence.
What is an extraordinary licence?
An extraordinary licence is a special license with conditions to allow a person to drive during a license suspension. An extraordinary licence is not available for fines suspensions or demerit point suspensions.
What are wait times for extraordinary licences?
Contact Porter Scudds as it varies greatly.
How do I remove a permanent license disqualification?
To remove a permanent license disqualification, you must apply to the District Court of Western Australia. You will need an affidavit and an application.
What does DUI stand for?
DUI is an acronym for ‘driving under the influence’ of alcohol or drugs. In WA, it is also used for the DUI offence of excess 0.15.
Which court do I go to for my traffic charge?
The majority of traffic charges are dealt with in the Magistrates Courts except for serious case such as dangerous driving causing death or serious injuries.
How do I get my licence back after disqualification has been completed?
To get your license back after disqualification has been completed, providing it is not a permanent disqualification, go to the Department of Transport.
Can I drink any alcohol and drive with an extraordinary licence?
No, you cannot drink any alcohol and get behind the wheel while you have an extraordinary licence; you must have a zero BAC (blood alcohol content).
What do I do if I am charged for breaching my extraordinary license conditions?
Contact Porter Scudds as you may lose your extraordinary license.
Can I vary the conditions of my extraordinary drivers licence?
Yes.
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