In current occasions there have been difficult new measures introduced by the NSW government concerning street racing (drag racing) offences. Section 40(1) of the Road Transport (Security and Site visitors Management) Act 1999 defines what actions constitute a street race offence. This Section reads as follows:
1. A particular person need to not organise, market or take part in:
1. any race amongst vehicles on a road or road related region, or
two. any attempt to break any vehicle speed record on a road or road connected area, or
three. any trial of the speed of a automobile on a road or road related region, or
four. any competitive trial made to test the talent of any automobile driver or the reliability or mechanical situation of any car on a road or road associated area, unless the written approval of the Commissioner of Police to the holding or making of the race, attempt or trial has been obtained.
Penalties for Street Racing Offences
The court has the discretion to impose a quantity of penalties for a street racing charge beneath section 40 above. It is essential to note that even if you plead guilty (or are located guilty by the court) to the offence the court nevertheless has the discretion not to record a conviction against you and as a result you will not be disqualified from driving for a further period. This is named a section ten dismissal of the charge whereby you are found guilty but not convicted. The court will consider many aspects in determining whether or not you are an suitable candidate for a section ten dismissal such as your driving record, your great character, your require for a licence and your early plea of guilty.
If you plead guilty (or are located guilty by the court) and the court does not enable for a section ten dismissal of the charge they need to at least impose the mandatory disqualification period which is 12 months. The court also has the discretion to impose fines, a gaol term and neighborhood service orders.
As nicely as these penalties the Police have the energy to confiscate your licence if you are charged with a street racing offence. The licence suspension remains in place until the charge is determined by the Court.
Impounding your Car – Motor Car Confiscation
The NSW Police have the power to confiscate the car of a driver who commits a street racing offence. New laws have been introduced providing the Police and Courts higher power in this regard.
Police now have the power to clamp a automobile, or give the driver or registered owner of the automobile a notice requiring that the vehicle be made at a specified spot within ten days. If the vehicle is not made there are extreme penalties that can be imposed by the Court.
When a court finds a particular person guilty of a street racing offence, where the driver is also the registered owner of the car the auto can be clamped or impounded for up to three months for a very first offence. For a second or subsequent offence the car might be forfeited to the Government and may possibly be sold or utilized for crash testing by the RTA. When a court finds a particular person guilty of a street racing offence, where the driver is not the registered owner of the vehicle, the RTA could problem a suspension warning notice. If the identical vehicle or one more vehicle registered in the very same name is used in a second offence within five years of the notice, the registration of the car utilized in the second offence can be suspended for three months.
If a third or subsequent offence is committed within five years of the notice, the automobile utilized in the third or subsequent offence can be forfeited to the Government to be sold or utilized for crash testing by the RTA.
How can a Lawyer aid?
Visitors lawyers have a wealth of encounter and knowledge in this field of law. If you are pleading guilty to a street racing charge they are able to appear at Court with you and make submissions to the court in an attempt to lessen the penalty that the Court imposes.
If you wish to defend the charge a lawyer can advise you of your possibilities of effectively defending the matter. There are aoften one ore a lot more defences offered in these circumstances and a targeted traffic lawyer will meticulously take into account your case ahead of advising you on your possibilities of effectively defending a street racing charge.
Site visitors lawyers have comprehensive experience in presenting these matters to the court and their assistance will give you the greatest opportunity of getting a effective outcome.