Driving and traffic law Drink/drug driving Defences to drink/drug driving charges When might I have a defence to a drink-drug driving charge? Land Transport Act 1998, s 64(1)-(1B) Refusing a blood test for health reasons – It’s a defence to a charge…
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Driving and traffic law Drink/drug driving Drink/drug driving offences and penalties Land Transport (Offences and Penalties) Regulations 1999 (LTOPR) Land Transport Act 1998 See the table below for a summary of drink/driving offences and penalties. Any of those offences can also result…
Driving and traffic law Street-racing and cruising Street-racing and wheel-spinning Penalties for street-racing and wheel-spinning Land Transport Act 1998, ss 22A, 35-36A It’s a criminal offence: to make your car do a wheel-spin (“a sustained loss of traction”) without a reasonable excuse,…
Driving and traffic law Anti-cruising laws Breaching local bylaws against “cruising” Land Transport Act 1998, ss 22A(3A), 22AB Land Transport (Offences and Penalties) Regulations 1999, Schedule 1 Local councils can make bylaws restricting or banning “cruising” on their local roads. “Cruising” means…
Driving and traffic law Accidents: Driver responsibilities What do I have to do if I’m involved in an accident? Land Transport Act 1998, s 22(1) If you’re involved, directly or indirectly, in an accident while driving, you must: stop, find out if…
Driving and traffic law Court processes: How driving offences are dealt with Overview of court processes for driving offences Driving offences are classified in the same way as other offences under the criminal justice system. The least serious type are “infringement offences,”…
Driving and traffic law Court processes: How driving offences are dealt with Infringement offences: Parking and speeding tickets, and other lower-level offences Land Transport Act 1998, ss 138–141 Infringement offences include, for example, parking offences, toll offences, speeding and overloading offences, not…
Driving and traffic law Category 1 driving offences: Fines or community-based sentences only What are Category 1 driving offences? Criminal Procedure Act 2011, s 6 These are offences that are more serious than infringement offences, but for which you can’t be sent…
Driving and traffic law Court processes: How driving offences are dealt with Category 2 and 3 driving offences: More serious driving offences Criminal Procedure Act 2011, s 6 These are offences for which you can be sentenced to prison. There’s also often…
Driving and traffic law Court processes: How driving offences are dealt with How unpaid fines are enforced What happens if I don’t pay my fine by the due date? Summary Proceedings Regulations 1958, reg 15K Summary Proceedings Act 1957, s 87(1) This…
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