Improper Use of Motor Vehicle

The improper use of a motor vehicle is regularly heard in the Magistrates Court.

This charge is generally laid in situations where a person drives a motor vehicle in a manner which causes the motor vehicle to lose traction by one or more of the vehicle’s wheels.

In essence to prove this charge the Police must prove that the accused drove a motor vehicle and the vehicle lost traction by one or more of the vehicle’s wheels.

Defences to this can be a factual dispute or lack of intent. It is also a statutory defence under s. 65(2) if a person had not intentionally caused the alleged loss of traction.

A fine of 5 penalty units is the highest punishment that may be imposed for this charge.

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 65A 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

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