Tampering or Interfering with Motor Vehicle Without Just Cause or Excuse

Tampering or interfering with a motor vehicle without just cause or excuse is the sort of charge regularly heard in the Magistrates Court.

Apart from imprisonment or fine, if the person holds a drivers licence or permit, the court may cancel that licence or disqualify the person from obtaining one for a period that the court thinks fit, not exceeding 4 years.

This charge is generally laid in situations where a person refuses or fails to comply with a request or signal to stop a motor vehicle and remained stopped.

In essence to prove this charge the Police must show that the accused tampered or interfered with a motor vehicle or equipment attached to a motor vehicle which is owned by another person.

Defences to this can be a factual dispute, wrongful identification, or just cause/lawful excuse.

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 70 of the Road Safety Act 1986.

Possible Defences

  • Factual Dispute and Concept of Beyond Reasonable Doubt
  • Claim of Right
  • Mental Impairment
  • Consent
  • Duress
  • Self Defence
  • Honest and Reasonable Mistake of Belief
  • Necessity
  • Impossibility
  • Lack of Intent
  • Charges are Statute Barred
  • Intoxication

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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