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When determining what is and is not improper use of a motor vehicle, it is important to look at how a motor vehicle is intended to be driven. Improper use refers mainly to losing traction of one or more wheels such as burnouts, fishtails and drifting.
It is important to consider the following:
A viable defence would be if there was no intention to lose traction, such as in the wet or dirt roads. This defence will depend on the evidence in your case. It is also not an offence to lose traction if conducted in the course of an event or function in the vicinity of a venue or during approved driver training.
If you are facing additional charges, it is especially important to retain a criminal lawyer to have the more serious charges negotiated with prosecutions where there are triable issues in dispute.
The offence is provided in s 65A of the Road Safety Act 1986 and provides that the prosecution must prove:
The penalty if found guilty of improper use of a motor vehicle is a maximum fine of 5 penalty units.
The Court is not mandated to suspend or disqualify a person’s drivers’ licence for this offence, however if the Court deems the offence serious enough that it posed a significant risk to the community or that the accused has a prior criminal history, then the Court has the discretion to suspend any drivers licences or permits.
This offence does not incur any demerit points.
As mentioned earlier, how the matter proceeds depends on the seriousness of the motor vehicle accident and the outcome.
Where the circumstances involve an accident that results in minimal damage or injury, the matter will proceed in the summary jurisdiction of the Magistrates Court.
If a person is killed or seriously injured and the driver knows they were involved in an accident and fails to stop and render assistance, the penalty exceeds the jurisdiction of the Magistrates Court and the matter then proceeds in the Committal stream, eventually being determined in the County Court.
Due to the serious nature of these charges and the significant outcomes that can follow, it is important to get expert legal advice to determine the most appropriate next steps. As a term of imprisonment is a potential risk, if you have been charged with failing in your duty as a driver, contact our office on 1800 130 120 today to discuss your options and find out what MK Law can do to assist you.
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At MK Law Firm, we understand the complexities surrounding the improper use of motor vehicles in Melbourne. Whether you’ve been involved in a traffic violation, a hit-and-run incident, or facing charges related to reckless driving, our team of experienced attorneys is here to provide you with expert legal representation and guidance.
Navigating the legal system can be daunting, especially when facing charges related to motor vehicle offenses. Our dedicated team at MK Law Firm is committed to helping you understand your rights and options every step of the way. With years of experience in handling cases involving improper use of motor vehicles, we have the knowledge and expertise to effectively advocate for your best interests.
If you find yourself in need of legal assistance related to improper use of motor vehicles in Melbourne, don’t hesitate to reach out to us. Simply fill out the contact form below, and one of our knowledgeable staff members will be in touch with you shortly to schedule a consultation.
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