General Duty of Driver or Person in Charge of Motor Vehicle

Charges that arise from the General Duty of Driver or Person in Charge of Motor Vehicle would be heard in the Magistrates Court.

This charge is generally laid in situations where a person fails to comply with the general duties that a driver or person in charge of a motor vehicle must comply with as listed in the section.

In essence to prove this charge the Police must show that the accused failed to comply with a lawful request or direction to do one of the following: produce licence upon request, produce log books for inspection, stop motor vehicle, permit motor vehicle to be weighed, accused provided a false name, failed to stop, failed to give licence, or stated false name when asked to provide name.

Defences to this could be a reasonable excuse for the failure or that the driver or person in charge did not believe that the person making the request was a member of the police force.

You should ring us and discuss your case if you have been charged.

Deciding on whether to plead guilty or not has important implications for you and should be made after proper discussions with a criminal lawyer.

This is legislation that comes from section 59 of the Road Safety Act 1986.

Possible Defences

  • Factual Dispute and Concept of Beyond Reasonable Doubt
  • Charges are Statute Barred
  • Sudden or Extraordinary Emergency

Penalties

  • Deferral of Sentencing
  • Diversion
  • Without Conviction Order
  • Adjournment of the Charges on Undertaking (Good Behaviour Bond)
  • Fine
  • Community Corrections Order
  • Suspended Prison Sentence
  • Term of Imprisonment

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