Offences / Improper Use of a Motor Vehicle…
Get the best Improper Use of a Motor Vehicle: Loss of Traction Lawyers in Melbourne
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Offences / Improper Use of a Motor Vehicle…
Get the best Improper Use of a Motor Vehicle: Loss of Traction Lawyers in Melbourne
get a free case assessment
book an appointment
MELbourne
Improper Use of a Motor Vehicle: Loss of Traction Lawyers
Improper use of a motor vehicle involving loss of traction is a serious offence under Victorian law. It involves operating a motor vehicle in a manner that results in the loss of traction of one or more wheels.
This offence is primarily covered under the Road Safety Act 1986 (Vic) and carries significant penalties.
At Garde Wilson Lawyers, our team is dedicated to providing comprehensive legal representation and advice for those facing charges related to improper use of a motor vehicle.
Trust our expertise to guide you through the complexities of the legal system and secure the best possible outcome for your case.
Key Elements Improper Use of a Motor Vehicle: Loss of Traction
To be charged with improper use of a motor vehicle involving loss of traction, certain elements must be proven beyond a reasonable doubt:
- Operation of a Motor Vehicle: The accused must have been driving or in control of a motor vehicle on a public road.
- Loss of Traction: The vehicle must have been operated in such a way that one or more wheels lose traction with the road surface. This can include actions like burnouts, doughnuts, or other reckless manoeuvres.
- Public Road: The offence must occur on a public road or a place to which the public has access.
Relevant Statutes:
Section 65A of the Road Safety Act 1986 (Vic): Outlines the offence of improper use of a motor vehicle involving loss of traction and the associated penalties.
Penalties for Improper Use of a Motor Vehicle: Loss of Traction
The penalties for improper use of a motor vehicle involving loss of traction can vary based on the severity of the offence and the accused’s prior record. Penalties may include:
- Imprisonment: Conviction for improper use of a motor vehicle can result in a term of imprisonment, especially in cases involving repeat offences or aggravating factors.
- Fines: Financial penalties are commonly imposed, with the amount varying based on the specifics of the offence and any aggravating factors.
- Licence Disqualification: This offence typically leads to a period of licence disqualification. Repeat offenders may face longer disqualification periods or permanent disqualification.
- Vehicle Impoundment: In some cases, the vehicle involved in the offence may be impounded or forfeited.
Legal Defences for Improper Use of a Motor Vehicle: Loss of Traction
Several defences may be available to individuals charged with improper use of a motor vehicle involving loss of traction, including:
- Necessity: Demonstrating that the accused’s actions were necessary to prevent a greater harm, such as avoiding an accident.
- Lack of Intent: Arguing that the accused did not intend to lose traction and that their actions were not reckless or negligent.
- Mechanical Defect: Proving that the loss of traction resulted from a mechanical defect or failure that was not reasonably foreseeable.
Steps to Take if Charged with Improper Use of a Motor Vehicle: Loss of Traction
If you are facing charges related to improper use of a motor vehicle involving loss of traction, it is essential to take the following steps to protect your legal rights and build a strong defence:
- Seek Legal Representation: Contact an experienced criminal lawyer immediately to discuss your case and obtain legal advice. Garde Wilson Lawyers specialise in criminal defence and can provide expert representation throughout the legal process.
- Collect Evidence: Gather any evidence that may support your defence, including communication records, witness statements, and any relevant documentation.
- Maintain Silence: Avoid making any statements to police or other authorities without the presence of your lawyer. Anything you say can be used against you in court.
- Follow Legal Advice: Adhere to the advice and instructions provided by your legal team to ensure the best possible outcome for your case.
Trust Garde Wilson Lawyers to provide expert legal guidance and robust advocacy in dealing with charges of improper use of a motor vehicle. Our dedicated team is committed to achieving the best possible outcome for your case under Victorian law. Don’t navigate these charges alone—contact us today for the comprehensive legal support you need.
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