Have you Been Charged with Improper Use of a Motor Vehicle?
- Over 30 years experience in the criminal justice system
- Track record of success
- Nationally acclaimed expertise
Free Legal Advice 24/7
What does it mean to be charged with improper use of a motor vehicle?
The offence of improper use of a motor vehicle is defined under section 65A of the Road Safety Act 1986 (RSA). It involves driving a motor vehicle in such a way that it causes the vehicle to lose traction on one or more of its wheels.
This loss of traction can occur during actions like “burnouts,” “doughnuts,” “fishtailing,” or “drifting,” where the driver intentionally causes the wheels to lose grip on the road.
What the Prosecution Must Prove:
To secure a conviction, the prosecution must prove beyond reasonable doubt that:
- You were driving or in charge of a motor vehicle.
- You caused the vehicle to undergo a loss of traction on one or more wheels.
- The loss of traction was intentional.
Penalties for improper use of a motor vehicle:
The maximum penalty for improper use of a motor vehicle is a fine of 5 penalty units.
Importantly, this offence does not carry any demerit points, which could be a factor when considering alternatives to a charge of careless driving, which does involve demerit points.
Where the Case Will Be Heard
The case will typically be heard in the Magistrates’ Court.
Factors and Defences to Consider:
- Intentionality:
A key consideration is whether the loss of traction was intentional. If you can prove that the loss of traction was not intentional, this may serve as a valid defence.
- Defence of Participation in a Permitted Event:
The offence does not apply if the act occurred during certain events or activities, such as motor sports, driver training, or vehicle testing, provided these events are authorised or conducted in accordance with the relevant regulations.
- Alternative Charges:
You may be facing charges such as dangerous driving or careless driving, which could carry more severe penalties, including demerit points.
Testimonials
What people Say
- I can’t thank Marcus and Daniel and the team at Mk Law St kilda enough they are very professional great communication you feel like and are a prio...I can’t thank Marcus and Daniel and the team at Mk Law St kilda enough they are very professional great communication you feel like and are a priority. Very Fair on price, they will be my first point of call if I ever need Lawyer help or Advice. So thank you Mk Law. Kind regards. G
G Ambrose - Excellent service and professional support. My case was handled efficiently by Daniel Moon, and I was kept informed throughout. Truly appreciate the care and effort.
Shehroz Obaid - I’ve had a great experience with Daniel from MK Law. I highly recommend him for any matters. He was very professional, respectful, understanding a...I’ve had a great experience with Daniel from MK Law. I highly recommend him for any matters. He was very professional, respectful, understanding and educated when dealing with the matter, while also keeping me informed in any steps.
Gabby Poposki - I had an excellent experience working with Daniel Moon from MK Law. From the very beginning he was clear, knowledgeable and reassuring during what...I had an excellent experience working with Daniel Moon from MK Law. From the very beginning he was clear, knowledgeable and reassuring during what was a stressful situation for me. He took his time to explain the court system and process as it was my first time. He displayed a strong attention to detail, understanding and handled my case with professionalism. I am very satisfied with the results. I highly recommend his service to anyone needing legal assistance.
isteevan Younus
- Careless Driving
- Dangerous Driving
- Driver Duty Failures at Accidents
- Driving whilst Disqualified
- Driving whilst Suspended
- Unlicenced Driving
- Failing to Nominate Driver of Vehicle
- Appeals of Immediate Licence Suspensions
- Impoundment of Motor Vehicles
- Exceeding Speed Limits in School Zones
- Reckless Conduct Endangering Life Or Serious Injury
- Culpable Driving Causing Death
- Dangerous Driving Causing Death or Serious Injury
- Dangerous or Negligent Driving Whilst Being Pursued by Police
- Infringement Warrants and Unpaid Fines
What to Do Next?
If charged with improper use of a motor vehicle, it is important to seek legal representation from a traffic solicitor experienced in handling driving offences.
A lawyer can assess the circumstances of the case, advise on potential defences (such as lack of intent), and represent the defendant in court to advocate for the best possible outcome.
Legal counsel can also help explore alternatives such as contesting the charge or negotiating for a more lenient penalty.
Do not delay, Call MK Law 1800 130 120 today.
Free Legal Advice 24/7
Contact Us
Call Anytime For Free Legal Advice 24/7
Top 5 firms by reputation dealing with traffic and criminal law matters.
- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au