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Breach Good Behaviour Licence

If you breach a good behaviour licence, you can elect to have the matter determined in court. Our experienced traffic lawyers are committed to helping you keep your licence.

What is a good behaviour licence?

The RMS provides this option to an unrestricted licence holder who has lost all their demerit points.

In effect, you will be on a good behaviour licence for a 12 month period, instead of having your licence suspended for 3 months.

During the 12 month period, you have two demerit points. As a result, if you commit a traffic offences while you are on a good behaviour licence, the RMS will suspend your licence for double the length of time. In other words, the licence suspension will be for 6 months, instead of 3 months.

Will I get a criminal record for breaching a good behaviour licence?

The breach will not appear on your criminal record. However, the traffic infringement that caused the breach, may.

No conviction will be recorded if you do not elect to take the relevant traffic infringement to court.

However, a conviction can be recorded if you elect for your matter to be determined in court. As a result, the offence may show up on your record.

Will I lose my licence?

Yes, you will lose your licence if you breach a good behaviour licence. The period of suspension will be 6 months.

The only way to avoid this, is to elect the traffic infringement and receive a non conviction or a finding of not guilty in court. For example, you need to get a conditional release order without conviction. If you receive a fine, you will be suspended.

We can help

W & Co Lawyers are highly experienced traffic lawyers.

Drive in a Manner Dangerous

Drive in a manner dangerous is a serious traffic offence. As a result, you need to feel confident in your legal representation. Our commitment is to help you get the best possible outcome.

Will I go to jail for driving in a manner dangerous?

The maximum penalty is 9 months imprisonment. However, if it is a second major offence, the maximum penalty is 12 months imprisonment. Therefore, it’s possible to receive a term of imprisonment for this offence.

However, there are alternative sentences available. For example, a community corrections order or an intensive corrections order.

For less serious examples of this offence a term of imprisonment is unlikely.

Can I avoid a criminal record?

A court will most likely convict you for this offence. However, it is possible to avoid a criminal conviction.

The sentence imposed will depend on a number of factors. For example, these include:

The level of negligence
Your criminal history
Your traffic history
Completion of the Traffic Offenders Program
Your subjective circumstances

Will I lose my licence for driving in a manner dangerous?

You will lose your licence if you are convicted.

The automatic disqualification period is 3 years and the minimum period is 12 months.

We can help

We will provide you with quality legal advice, to help you decide whether you should:

Defend the charge
Plead guilty
Or, negotiate with police

Negligent Driving Occasioning Grievous Bodily Harm

Negligent driving occasioning grievous bodily harm (GBH) can result in a criminal conviction and loss of licence. However, our experienced traffic lawyers are here to help.

Will I get a criminal record?

Avoiding a criminal conviction is unlikely due to the seriousness of this charge. However, if the level of negligence is low, then it is possible to not have a conviction recorded.

Will I go to jail for Negligent Drive Occasioning Grievous Bodily Harm?

The maximum penalty is 9 months imprisonment. Therefore, it is possible to go to jail.

However, most offenders will not go to jail. Instead, you could receive a conditional release order, a community corrections order or intensive corrections order.

In addition, the court may impose a fine. The maximum fine is $2,200 for a first offence.

The sentence imposed will depend on a number of factors, including:

The level of negligence
The seriousness of the injury
Your criminal history
Your traffic history
Completion of the Traffic Offenders Program
Your subjective circumstances

If the driving is dangerous, instead of negligent, you could be charged with Dangerous Driving Occasioning Grievous Bodily Harm. This is a more serious charge. Therefore, the chance of jail is higher.

Will I lose my licence for Negligent Driving Occasioning GBH?

Yes, you will lose your licence if you are convicted.

The Automatic disqualification period is 3 years. The minimum period is 12 months.

We can help

Our lawyers are experts in representing people charged with traffic offences.

We will provide you with quality legal advice, and keep you informed every step of the way.

Dangerous Driving Occasioning Grievous Bodily Harm

If you’ve been charged with dangerous driving occasioning grievous bodily harm (GBH), we are here to help.

We’ve answered some frequently asked questions below. In addition, our traffic lawyers can provide free initial advice specific to your case.

Will I go to jail for Dangerous Drive Occasioning Grievous Bodily Harm?

The maximum penalty is 7 years imprisonment.

It is likely that jail will be imposed, particularly if the circumstances of the offence are serious. However, in certain circumstances an intensive corrections order or community corrections order may be possible.

Alternatively, if the dangerous driving results in death, then more serious penalties apply.

In deciding your sentence, the court will consider a number of factors. For example:

The seriousness of the charge
Your criminal history
Your traffic history
Any rehabilitation you have completed
Your subjective circumstances

What do the police have to prove?

The prosecution must prove beyond reasonable doubt that you:

Were the driver of the vehicle
That was involved in an accident
The accident resulted in grievous bodily harm, and
You were either under the influence of alcohol or a drug, speeding or driving in a manner dangerous

Therefore, you will be found not guilty if the prosecution is unable to prove these elements.

However, it’s possible that you could be found guilty of a less serious offence if only some elements are proved. For example, negligent driving occasioning grievous bodily harm. In other words, where there was no “dangerous” element to the driving. For this charge, it is more likely to avoid jail.

Will I lose my licence for Dangerous Drive Occasioning Grievous Bodily Harm?

Yes, you will lose your licence upon conviction.

The automatic disqualification period is 3 years and the minimum period is 12 months. However, completing the Traffic Offenders Program may help to reduce the period of disqualification.

We can help

Our lawyers are experts in representing people charged with criminal and traffic offences.

Negligent Driving

If you’ve been charged with negligent driving, we are here to help you get the best possible outcome.

Can I avoid a criminal record?

Although technically a fine only offence, if convicted of this charge the offence may show up on your criminal record.

However, it is possible to avoid a conviction. As a result, a conditional release order without conviction can be imposed. In addition, you could be found guilty but have the charge dismissed without conviction, and without any condition to be of good behaviour.

Alternatively, a fine can be imposed which will mean a conviction has been recorded.

In deciding your sentence, the court will consider a number of factors, including:

The level of negligence
Your criminal history
Your traffic history
Completion of the Traffic Offenders Program
Your subjective circumstances

Will I lose my licence?

This offence does not carry a disqualification period. Therefore, losing your licence is unlikely.

However, it is possible. This is because the Court does have a general power to disqualify you if you are convicted. Nevertheless, the Court rarely exercises its discretion to disqualify someone if the offence does not carry a disqualification period.

Will I go to jail?

No, you cannot go to jail for this offence.

The maximum penalty is a fine of $1,100.

However, if the driving results in death or grievous bodily harm, it is possible to go to jail. These offences will also result in the disqualification of your licence.

We can help

Being charged with a driving offence can feel overwhelming. However, our lawyers are here to help.

We are committed to providing you with quality legal advice and representation. We work with you to prepare a strong case, whether you are defending the charge or pleading guilty.

Negligent Driving Occasioning Death

If you’ve been charged with negligent driving occasioning death, we are here to help. Our commitment is to provide you with quality legal representation, and ensure you are informed every step of the way.

Can I avoid a criminal record?

No, avoiding a criminal conviction is unlikely due to the seriousness of this charge.

However, if the level of negligence is low, then it is possible to not have a conviction recorded. As a result, a conditional release order without conviction may be imposed.

It is more likely to avoid a criminal record if you are charged with negligent driving. In other words, there was no death or grievous bodily harm as a result of the incident.

Will I go to jail for Negligent Driving that Occasions Death?

The maximum penalty is 18 months imprisonment. However, if you are charged with a second or subsequent offence, the maximum penalty increases to 2 years.

Therefore, it is possible to go to jail.

However, most offenders will not go to jail. Instead, you could receive a conditional release order, a community corrections order or intensive corrections order.

The sentence imposed will depend on a number of factors, including:

The level of negligence
Your criminal history
Your traffic history
Completion of the Traffic Offenders Program
Your subjective circumstances

However, the chance of going to jail increases significantly if you are charged with dangerous driving occasioning death. In other words, there was something about the manner of driving that was dangerous. Therefore, it is more serious.

Will I lose my licence?

Yes, you will lose your licence upon conviction.

The Automatic disqualification period is 3 years. The minimum period is 12 months.

We can help

We understand that each case is unique. As a result, our lawyers will take time to discuss your matter with you, and build a strategic plan to help you obtain the best possible outcome.

Dangerous Driving Occasioning Death

Dangerous driving occasioning death, is a serious traffic offence and can result in imprisonment. Our experienced traffic lawyers are here to help.

Will I go to jail for Dangerous Drive Occasioning Death?

The maximum penalty is 10 years imprisonment. In addition, it is a strictly indictable offence. In other words, the matter will finalise in the District Court before a judge. As a result, full time custody is very likely.

The Court will consider the seriousness of the offence, your criminal record and subjective features when deciding your sentence.

What do the police have to prove for Dangerous Driving occasioning death?

The prosecution must prove beyond reasonable doubt that you:

Were the driver of a vehicle
That was involved in an accident
The accident resulted in a death, and
You were either under the influence of alcohol or a drugs, speeding or driving in a manner dangerous.

Therefore, you will be found not guilty if the prosecution is unable to prove these elements.

However, it’s possible that you could be found guilty of a less serious offence if some elements can be proved. For example, negligent driving occasioning death. In other words, where there was no “dangerous” element to the driving. For this charge, full time jail is less likely.

Will I lose my licence for Dangerous Driving?

Yes, you will lose your licence upon conviction.

The Automatic disqualification period is 3 years. The minimum period is 12 months.

We can help

Our lawyers will work with you to prepare a strong case and we will ensure you are fully informed every step of the way.

Appealing a Police Suspension

If you’ve received an immediate notice of suspension from the Police, you have two options. We can help you decide whether appealing the police suspension, or electing the traffic infringement, is the best option for you.

Why has the Police suspended my licence?

The most common reasons why the Police suspend your licence include:

If you’ve been charged with a drink driving offence (PCA)
Exceeding the speed limit by more than 45km/h

The suspension will be in place for a set period of time, or until a court determines the matter.

Alternatively, it is possible for the RMS to appeal your licence. Read our article for more information.

Can I appeal a police suspension?

Yes.

However, it’s difficult to be successful. This is because the test that the court applies is whether there are ‘exceptional circumstances’ to lift the immediate licence suspension.

Unfortunately, needing a licence for work alone is not an exceptional circumstance. However, exceptional circumstances can be met by one exceptional factor, or a number of ordinary factors.

Is there a time limit to appeal a police suspension?

Yes. You must appeal the decision within 28 days of receiving the immediate notice of suspension.

We can help

Our experienced lawyers have received excellent outcomes for our clients who have appealed licence suspensions in the Local Court, assisting them to have the suspension quashed or reduced.

We can help you:

Lodge the appeal,
And prepare a strong subjective case in order to get your licence back.

Appealing RMS Licence Suspension

We are here to help you with appealing an RMS licence suspension. Our experienced traffic lawyers work with you to ensure you receive the best possible outcome for your case. For example, read about our Past Cases, where our clients have had their suspension period removed:

If you’ve received a Notice of Suspension from the Roads and Maritime Services (RMS), you have 28 days to lodge the appeal. We’ve answered some more frequently asked questions below.

Why has the RMS suspended my licence?

The most common reasons why the RMS suspend a licence include:

If you exceed your demerit points as a provisional licence holder
Exceeding the speed limit by more than 30km/h
Exceeding the speed limit by more than 45km/h
For medical reasons

Can I appeal the decision of the RMS to suspend my licence?

Yes.

When you appeal, the court can make four decisions:

Allow the appeal, and lift your suspension
Vary or reduce your suspension
Dismiss the appeal, and confirm the 3 months suspension
Or make any other order that the court sees fit

What can I do to get my licence back?

A well prepared case will assist you with obtaining your licence back. The court will consider your traffic history. However, completing the Traffic Offenders Program can increase your chances, even if you do not have a clear traffic record.

In addition, the court will look at your need for a licence, and your character.

However, it is important that you recognise that if you receive an immediate licence suspension from police, a difference test applies. You must instead establish that there are exceptional circumstances that require the suspension to be lifted.

Is there a time limit to appealing an RMS licence suspension?

Yes. The appeal must be lodged within 28 days of the letter from the RMS being posted.

However, courts generally assume that you received the letter 4 working days from when it was posted.

We can help

Refuse or Fail Breath Analysis

Refuse or fail breath analysis carries similar penalties to drink driving. Therefore, a criminal conviction and loss of licence can result. Our experienced traffic lawyers are here to help you get the best possible outcome.

What is Refusing or Failing a Breath Analysis?

If you fail or refuse a road side breath test, you’ll be required to undergo a breath analysis. This will usually be in an RBT van or at the closest police station.

If you fail this second test, or you’re unable to provide an adequate sample, you will be charged with this offence.

Will I lose my licence?

A conviction will result in loss of licence.

Generally, the automatic disqualification period will apply. In other words, 9 months disqualification.

However, certain factors can reduce the time spent off the road. For example, your need to drive, or completing the Traffic Offenders Program. However, the disqualification can’t be less than the minimum period, which is 6 months.

Can I avoid a criminal record?

A court will likely convict you for the offence. Avoiding a criminal record for this offence is rare, due to the serious penalties that can be imposed.

A conditional release order with conviction or a community corrections order are common for this charge.

https://wcolawyers.com.au/no-conviction-refusing-breath-analysis/

Will I go to jail?

The maximum penalty for a first offence is 18 months imprisonment. As a result, it is possible to go to jail.

Can I defend the charge?

Yes. It’s a defence if you were unable to submit to the assessment due to medical grounds, or if more than 2 hours had passed since you were pulled over or had an accident.

We can help

Our commitment is to provide quality advice and legal representation.

Author name: Zoe Whetham

What is a good behaviour licence?

Will I get a criminal record for breaching a good behaviour licence?

Will I lose my licence?

We can help

We're here to help

Will I go to jail for driving in a manner dangerous?

Can I avoid a criminal record?

Will I lose my licence for driving in a manner dangerous?

We can help

We're here to help

Will I get a criminal record?

Will I go to jail for Negligent Drive Occasioning Grievous Bodily Harm?

Will I lose my licence for Negligent Driving Occasioning GBH?

We can help

We're here to help

Will I go to jail for Dangerous Drive Occasioning Grievous Bodily Harm?

What do the police have to prove?

Will I lose my licence for Dangerous Drive Occasioning Grievous Bodily Harm?

We can help

We're here to help

Can I avoid a criminal record?

Will I lose my licence?

Will I go to jail?

We can help

We're here to help

Can I avoid a criminal record?

Will I go to jail for Negligent Driving that Occasions Death?

Will I lose my licence?

We can help

We're here to help

Will I go to jail for Dangerous Drive Occasioning Death?

What do the police have to prove for Dangerous Driving occasioning death?

Will I lose my licence for Dangerous Driving?

We can help

We're here to help

Why has the Police suspended my licence?

Can I appeal a police suspension?

Is there a time limit to appeal a police suspension?

We can help

We're here to help

Why has the RMS suspended my licence?

Can I appeal the decision of the RMS to suspend my licence?

What can I do to get my licence back?

Is there a time limit to appealing an RMS licence suspension?

We can help

We're here to help

What is Refusing or Failing a Breath Analysis?

Will I lose my licence?

Can I avoid a criminal record?

Will I go to jail?

Can I defend the charge?

We can help

We're here to help