Duty of Driver etc. of Vehicle that is Not a Motor Vehicle if Accident Occurs in Victoria
What criminal responsibilities are there for Victorian drivers of non-motor vehicles when accidents occur? Know the law, the maximum penalty, criminal defenses, and the steps you should take when attending courts.
The Highest Penalty for “Duty of Driver etc. of Vehicle that is Not a Motor Vehicle if Accident Occurs” at the Sunshine Magistrates’ Court, Victoria – What Defenses Can Be Used?
A finding of guilt could result in up to 5 years of jail time or a fine of as high 600 penalty units. Sentencing for this charge is based on the circumstances surrounding the offense. It would not be expected for you to get the highest possible penalty unless what you had committed is the worst possible example of this offense.
Defenses that are often considered are:
A. Wrong Facts
B. Accused did not know, or could not have reasonably known, that an accident occurred and that as a result of the accident a person has suffered death or serious injury
Does the Sunshine Magistrates’ Court in Victoria hear a case of “Duty of Driver etc. of Vehicle that is Not a Motor Vehicle if Accident Occurs”?
Any indictment or summons for “Duty of Driver etc. of Vehicle that is Not a Motor Vehicle if Accident Occurs” will be generally before a Magistrate in the Magistrates’ Court. This offence is generally viewed as a moderate form of criminal behavior, however, worst cases are deemed to be very serious and may result in a goal term.
Where to now?
Experienced criminal law specialists are the best legal professionals when it comes to charges related to “Duty of Driver etc. of Vehicle that is Not a Motor Vehicle if Accident Occurs”. Their experience and qualifications enable them to deliver the best results in defending criminal cases.
How do Prosecutors at the Sunshine Magistrates’ Court, Victoria establish “Duty of Driver etc. of Vehicle that is Not a Motor Vehicle if Accident Occurs”?
Prosecutors establish the charge of “Duty of Driver etc. of Vehicle that is Not a Motor Vehicle if Accident Occurs” by proving that the following occurred:
A. the accused was driving a non-motor vehicle;
B. or the accused left a non-motor vehicle on a highway and the vehicle moved by itself from the position where it was left;
C. a road accident;
D. failure of the accused to either (i) stop, (ii) render assistance, (iii) provide the name and address of the accused to the other party, (iv) or report the accident to the Police;
E. aggravating circumstances such as (i) causing death or serious injury to the other party or (ii) damage to the other party’s property.
Where do you find the law about “Duty of Driver etc. of Vehicle that is Not a Motor Vehicle if Accident Occurs”?
The law for “Duty of Driver etc. of Vehicle that is Not a Motor Vehicle if Accident Occurs” is from section 61A of the Road Safety Act 1986.
ABOUT THE AUTHOR: Doogue & O'Brien Criminal Defence Lawyers
Doogue & O'Brien Criminal Defence Lawyers is one of Australia's leading law firms of criminal law specialists. With a legal experience of over 15 years, the firm currently has 5 accredited specialists and 6 other lawyers that appear in all Victorian Courts and interstate. It is also among the founding members of Australian Defence Lawyers Alliance, a national alliance of law firms specializing in criminal law and which members are carefully selected based on experience, reputation, ethics, and size.
The firm has offices in Melbourne, Broadmeadows, Heidelberg, Moorabbin and Sunshine.
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
A finding of guilt could result in up to 5 years of jail time or a fine of as high 600 penalty units. Sentencing for this charge is based on the circumstances surrounding the offense. It would not be expected for you to get the highest possible penalty unless what you had committed is the worst possible example of this offense.
Defenses that are often considered are:
A. Wrong Facts
B. Accused did not know, or could not have reasonably known, that an accident occurred and that as a result of the accident a person has suffered death or serious injury
Does the Sunshine Magistrates’ Court in Victoria hear a case of “Duty of Driver etc. of Vehicle that is Not a Motor Vehicle if Accident Occurs”?
Any indictment or summons for “Duty of Driver etc. of Vehicle that is Not a Motor Vehicle if Accident Occurs” will be generally before a Magistrate in the Magistrates’ Court. This offence is generally viewed as a moderate form of criminal behavior, however, worst cases are deemed to be very serious and may result in a goal term.
Where to now?
Experienced criminal law specialists are the best legal professionals when it comes to charges related to “Duty of Driver etc. of Vehicle that is Not a Motor Vehicle if Accident Occurs”. Their experience and qualifications enable them to deliver the best results in defending criminal cases.
How do Prosecutors at the Sunshine Magistrates’ Court, Victoria establish “Duty of Driver etc. of Vehicle that is Not a Motor Vehicle if Accident Occurs”?
Prosecutors establish the charge of “Duty of Driver etc. of Vehicle that is Not a Motor Vehicle if Accident Occurs” by proving that the following occurred:
A. the accused was driving a non-motor vehicle;
B. or the accused left a non-motor vehicle on a highway and the vehicle moved by itself from the position where it was left;
C. a road accident;
D. failure of the accused to either (i) stop, (ii) render assistance, (iii) provide the name and address of the accused to the other party, (iv) or report the accident to the Police;
E. aggravating circumstances such as (i) causing death or serious injury to the other party or (ii) damage to the other party’s property.
Where do you find the law about “Duty of Driver etc. of Vehicle that is Not a Motor Vehicle if Accident Occurs”?
The law for “Duty of Driver etc. of Vehicle that is Not a Motor Vehicle if Accident Occurs” is from section 61A of the Road Safety Act 1986.
ABOUT THE AUTHOR: Doogue & O'Brien Criminal Defence Lawyers
Doogue & O'Brien Criminal Defence Lawyers is one of Australia's leading law firms of criminal law specialists. With a legal experience of over 15 years, the firm currently has 5 accredited specialists and 6 other lawyers that appear in all Victorian Courts and interstate. It is also among the founding members of Australian Defence Lawyers Alliance, a national alliance of law firms specializing in criminal law and which members are carefully selected based on experience, reputation, ethics, and size.
The firm has offices in Melbourne, Broadmeadows, Heidelberg, Moorabbin and Sunshine.
Copyright Doogue O'Brien George - Google+
More information about Doogue O'Brien George
View all articles published by Doogue O'Brien George
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
