Service Details
Traffic Charges NZ
If you’re dealing with a traffic charge, and you’re looking for a traffic lawyer to represent you, I can help. Here at MutchLaw, Steven specialises in all charges under the Land Transport Act 1998. Steven is based in Auckland but frequently travels throughout NZ to attend to any cases where clients require his assistance. He can assist clients in numerous areas of criminal traffic law offences including, but not limited to:
A charge of careless driving is laid when a motorist’s driving falls below the standard of a reasonably prudent driver. The charge carries a discretionary period of driving disqualification. If no defence is available, a client may be eligible for either diversion or a discharge without conviction.
A charge of dangerous driving is laid when a motorist makes a conscious decision to drive in a manner that is considered objectively dangerous towards other road users or pedestrians. It is considered more serious than careless driving. The charge carries a minimum mandatory driving disqualification period of 6 months. If no defence is available, a client may be eligible for either a Limited (Work) Licence or a discharge without conviction.
A charge of reckless driving is laid when a motorist consciously takes an unjustified risk by driving dangerously. It is a state of mind whereby a motorist foresaw the danger but continued to act, notwithstanding the risks involved. It is considered more serious than dangerous driving.
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It’s a criminal offence if you are found to be driving and blow more than 400 micrograms of alcohol per litre of breath (or the blood equivalent). This charge carries a maximum penalty of 3 months imprisonment, along with a criminal conviction. It also has a mandatory minimum period of 6 months of driving disqualification and unfortunately, no option for diversion.
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A charge of driving while disqualified is laid when a motorist drives during a period of disqualification that the court has imposed at their previous sentencing. There are several reasons why a motorist may have chosen to drive throughout their disqualification period, including but not limited to personal emergencies or work-related requirements.
The charge carries a minimum mandatory driving disqualification period of 6 months. If no defence is available, a client may be eligible for a section 94 application to avoid a further period of disqualification from being imposed.
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A charge of driving contrary to an alcohol interlock licence is laid when a motorist drives contrary to the terms of the alcohol interlock licence. This often occurs when a client fails to fit the device into a vehicle or drives a different vehicle that is not fitted with the device. The charge carries a minimum mandatory driving disqualification period of 6 months. If no defence is available, a client may be eligible for a section 94 application to avoid a further period of disqualification from being imposed.
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A charge of operating a motor vehicle causing a sustained loss of traction is infamously known as a “boy racer” charge for doing skids or “doughnuts”. The evidence of this is often captured by CCTV footage, police traffic patrol witnesses or third-party eyewitness. The charge carries a minimum mandatory driving disqualification period of 6 months. If no defence is available, a client may be eligible for either a Limited (Work) Licence, section 94 application or a discharge without conviction.
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A charge of operating a vehicle in a race or exhibition of speed or acceleration is infamously known as a “boy racer” charge for either racing, intermittent speeding or heavy acceleration to such an extent that it causes safety risks towards other road users or pedestrians. The evidence of this is often captured by CCTV footage, police traffic patrol witnesses or third-party eyewitness. The charge carries a minimum mandatory driving disqualification period of 6 months. If no defence is available, a client may be eligible for either a Limited (Work) Licence, section 94 application or a discharge without conviction.
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A charge of failing to stop for police is laid when a motorist is signalled to pull over by police red and blue flashing lights and fails to do so. This charge can be laid by the police in its “aggravated” form if the motorists’ manner of driving also involves either exceeding the applicable speed limit or operating their motor vehicle in an otherwise dangerous manner when failing to stop.
The charge carries a minimum mandatory driving disqualification period of 6 months. If no defence is available, a client may be eligible for either a Limited (Work) Licence, section 94 application or a discharge without conviction.
If the motorists’ manner of driving does not involve speeding or dangerous driving when failing to stop, it is possible to negotiate the charge down to one that is finable only, thereby removing any minimum mandatory driving disqualification period.
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A charge of driver produced a logbook containing a false particular is laid when a truck driver details a false particular in their logbook upon inspection by a police officer. While the charge is finable only, it nevertheless carries with it a criminal conviction and a minimum mandatory driving disqualification period of 1 month in relation to classes 2, 3, 4 or 5 (HT licences). The driving disqualification period does not relate to a class 1 vehicle. If no defence is available, a client may be eligible for a discharge without conviction.
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A charge of driving at a speed exceeding 50 kilometres per hour is laid when a motorist is captured either through police radar or vehicle surveillance equipment (speed camera) driving at a speed in excess of 50 kilometres per hour.
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Traffic law charges—especially charges involving excess breath or blood alcohol levels—are taken very seriously in NZ. In many cases, the penalties associated with traffic law cases in NZ may be harsher than you’d expect, including mandatory driving disqualification periods.
Being convicted of a criminal traffic offence can impact your life in multiple ways, making it more difficult to retain current employment, find new employment, become liable for deportation, etc. At MutchLaw, Steven can help you with your charge(s) by exploring whether there are any defences available or mitigating sentencing if a guilty plea is entered. For this reason, before accepting any guilt, Steven always reviews the police “disclosure” documents (evidence against you). However, if no defence is available, not all is lost. Other options are available to help you avoid the worst of these complications by limiting the impact of sentencing on your life.
For many, there may be consequences for a conviction on your life. This may include employment or immigration issues relating to deportation liability. If this is the case, Steven can assist by applying for a discharge without conviction. Alternatively, or in addition, a driving disqualification may create barriers to employment or other personal aspects of your life. In that case, Steven can apply for a limited (work) licence or make a section 94 application to substitute a further disqualification period for community work.
Steven’s process
Steven aims above all, to ensure that his clients can access good legal representation. Without legal representation, your chance of obtaining a positive outcome or reducing your sentencing is limited, and you may also prolong your legal proceedings. I also prioritise offering clear and easy-to-understand advice so you can make the best decisions possible for yourself.
It’s important that you know you have options when faced with traffic charges. Often, clients charged with criminal traffic offences are facing their first criminal charge, which can be daunting. At MutchLaw, you can trust me to help you navigate the legal system and secure the best possible outcome for you.
To find out more about traffic charges in NZ, contact me now through the contact button below.