Driving Convictions - A Criminal Offense?

[R31Nismoid]

They will make you sell the car?

Thats a new one

[bluey33]

Old one actually. Closest friend had his sold on him 3 years ago... Crashed into lady in her car. He had no money and was forced to sell his car. He was uninsured of course.

[R31Nismoid]

Yeah, leave out the key detail - he had no money. So of COURSE he would have to sell it to pay for court costs etc etc.

The court will not tell you, that you must sell the car. Thats incorrect information and very misleading.

Its only under the circumstance of your not having the money that you will be selling the car.

[bluey33]

I'm in debt

This is why i said it. I gathered if he is in debt then he would not have the money to pay for his damages.

I did not say everyone will. Specifically to this topic, though he may have the money. I wouldn't know.

[VB-]

ummm that isn't civil? you said your being 'charged' not 'sued' thats a criminal offence

[typevu]

Your dooooooooooooooooooooooooooooooomed!

[SECURITY]

what theyve charged you with will get you something in the area of a 1yr suspension.

6 months for speeding (45+), and 6 months for racing (the 'driving in a manner dangerous' charge).

you wont get a criminal record.

as for your car... 2nd racing offence they may confiscate your car.

[ish]

Ohhh GREAT SAGE not Good!

Isn’t it called simply a traffic offence as opposed to criminal

I was fairly wyld as a new Car licensee and got in a fairly bit of uneducated strife...

I cant emphasize enough getting a decent solicitor because of the way things can go in court if you dont understand what’s going on

Example > i tried to hide the fact i was arrested in NSW from my parents and had no solicitor for an unregistered charge because i was a kid, so an individual police officer took advantage of my naïve- ness and charged me with much seriouser crime> calculating to deceive... This was a criminal charge.

The Judge will probably at a guess

• License Holiday 6 to 12 months
  
• Hefty Fine depending on How much Pov you show
  
• Damages incurred to the state
  
• Extremely high insurance premiums
  

Also I just did a security check for Airports, Airport Restricted Area, Runways and none of my traffic offences showed up ???

so i say ask a solicitor not a heap of petrol heads

Edited June 30, 2007 by ish

[Keegs]

ummm that isn't civil? you said your being 'charged' not 'sued' thats a criminal offence

No thats completely wrong. Whenever you are caught by a police officer, you are being "charged" and when you pay the fine you plead guilty. In this case the offence you committed was a summonsable one (most of the more serious fines are) and this is because the costs of the fine are discretionary. I.E. the judge decides on the merits of the case as to what form of fine and punishment to impose.

It is not civil, it is not criminal, its traffic. You are being charged under a Traffic Act. Not a Criminal Act/Code. Anything that is traffic will only show on your traffic history and NOT your criminal history.

Good luck in court, plead guilty and try to persuade the judge that you have learnt severely from your ways and the accident was caused by a brief lack of judgement. Perhaps you'll get off easy, it all depends on a) the judge and b) how well you present. My advice to you is get a lawyer, one who specialises in this form of work.

Matt.

[Spunky Munky]

No thats completely wrong. Whenever you are caught by a police officer, you are being "charged" and when you pay the fine you plead guilty. In this case the offence you committed was a summonsable one (most of the more serious fines are) and this is because the costs of the fine are discretionary. I.E. the judge decides on the merits of the case as to what form of fine and punishment to impose.

It is not civil, it is not criminal, its traffic. You are being charged under a Traffic Act. Not a Criminal Act/Code. Anything that is traffic will only show on your traffic history and NOT your criminal history.

Good luck in court, plead guilty and try to persuade the judge that you have learnt severely from your ways and the accident was caused by a brief lack of judgement. Perhaps you'll get off easy, it all depends on a) the judge and b) how well you present. My advice to you is get a lawyer, one who specialises in this form of work.

Matt.

Many thanks Matt, much appreciated... I've contacted a family solicitor and he too confirms what you had conveyed as totally correct - he said the same thing... because I am being charged under a traffic's/road act I will only be charged with this and it will only appear on my traffic-related issue and not my criminal one.

The solicitor feels that with a little bit of luck and a bit of preparation, I may get off this with just a lost of license of 6-12 months and a probation/bond issue that basically demands me to drive safe for ever or face another severe penalty by the courts etc - it should be ok - worst case scenario I will have to pay a find up to $5,000 which I can pay monthly via installments of something like $100 so it's not too bad.

Just some extra info for everyone:

During the accident, no other cars were involved nor damanges sustained - no one was hurt (except for myself of course) - and only 1 house was damaged - which I am in the process of paying for now. Besides this, everything is fine...

So yeah, I guess this is lesson I will have to learn from and never come across it again - I think most of us here have been through something like this before... I am just happy I have lived to tell a tale... of course, I will learn from this...

Many thanks fellas... I can't thank you enough!

Regards & sincerely thanking you...

[Marco-R34GTT]

I think careless driving, dangerous and reckless driving are considered misdemeanours, and don't register as a 'criminal' record... But as said, a civil one...

[Cubes]

The police check I had done wasn't a regular but the more indepth one that is required for working with children.

On the certificate its titled National Police Certificate.

And on it lists the court then the date offence and result

Exactly what it states on the police certificate word for word:

Drive in reckless or dangerous manner

Inadequate lights

undue noise

Then the fine and states disqualified for 6months.

If this would show on a regular police clearance or not I have no idea but it sure as hell has stuck on mine and its been 11years.

The event occured back in 1995 (I was 16.5 years old) but took ~6months before I went to court and lost my license.

Basically they threw the book at me for dropping a no brake take off burnout at dusk in the old 250 4speed Cortina.

So not as bad as what you have done.

[Spunky Munky]

Thanks fellas...

Well, I farked up and therefore will have to take it up the arse as one should.

I am prepared for it and will have to face up to my responsibilities.

Regards,

[Beer Baron]

I think careless driving, dangerous and reckless driving are considered misdemeanours, and don't register as a 'criminal' record... But as said, a civil one...

we don't have misdemeanours and felony grade charges here mate. watching a bit too much cops i think.

[Marco-R34GTT]

Well in WA that is how it works... I'm pretty sure, I did loose my license when I got out of high school, in my VL....

[Eug]

Thanks champ - unlike the other "keyboard warriors" you're genuine and understanding - that's straight up respect.

i found this line funny for some reason...

you contradict yourself so many times on the forum; one day its A the next day it's B. so obviously some people won't take you seriously, you understand right? respect.

[smurf80]

Another quality thread from Spunky Monkey you seriously are becoming the new AnDru around here! Mate how can you be broke with all that extra cash you made off the sale of your house?

[Driver]

I farked up and therefore will have to take it up the arse

haaa!

[scathing]

you contradict yourself so many times on the forum; one day its A the next day it's B. so obviously some people won't take you seriously, you understand right? respect.

My attitude is that while compassion should be given, respect has to be earned.

This clown has done nothing to earn my respect. Spinning out into a person's house while street racing, and then bitching about police targetting afterwards, earns nothing but my derision (of which I have plenty of).

[Keegs]

Well in WA that is how it works... I'm pretty sure, I did loose my license when I got out of high school, in my VL....

It's not how it works in WA, WA has the same structure as QLD with respect to its criminal code and other respective legislation. As mentioned earlier, this is not a criminal matter, it's not a civil matter, it's a TRAFFIC matter!! As for misdemeanor and felony charges etc...too much law and order...those are American terms that are not used in our system at all...you are charged under a relevant act, in this case a traffic and road use act, and it is recorded accordingly.