“Duty of Driver, etc. of Motor Vehicle if Accident Occurs” in Victoria
December 4, 2012 By Doogue O'Brien George
Got into a car accident? If you were driving a motor vehicle in Victoria when the accident occurred, you could be charged with “Duty of Driver, etc. of Motor Vehicle if Accident Occurs”. Find out the possible legal consequences and the best way to deal with this charge.
The Highest Penalty for Duty of Driver, etc. of Motor Vehicle if Accident Occurs at the Sunshine Magistrates’ Court, Victoria? Can the Charge Be Defended?
A finding of guilt could result in up to 10 years in jail or a fine of as much as 1200 penalty units. A licence disqualification period will also be imposed which could last for a period of 4 years. Penalties for this charge are based on the circumstances of what happened. An accused is not expected to get the highest possible penalty unless what was committed is among the worst possible examples of this offense.
Defenses that are sometimes used are:
A. Wrong facts
B. Accused did not know, or could not have reasonably known, that an accident had occurred which eventually caused death or serious injuries to a person.
Does the Sunshine Magistrates’ Court in Victoria hear a case of Duty of Driver, etc. of Motor Vehicle if Accident Occurs?
Any indictment or summons for Duty of Driver, etc. of Motor Vehicle if Accident Occurs will be generally before a Magistrate in Magistrates’ Court. The decision on which Court will have jurisdiction over a case often reflects the seriousness with which an indictment or summons is being viewed. There are various scenarios for which this charge may apply and it can be a moderate to highly serious form of a crime depending on the circumstances involved.
Where to now?
An experienced criminal law specialist is the person who should be advising you in relation to Duty of Driver, etc. of Motor Vehicle if Accident Occurs. An accredited specialist will know how to get you the best result and is the best lawyer to have for a charge of Duty of Driver, etc. of Motor Vehicle if Accident Occurs.
How do the Prosecutors at the Sunshine Magistrates’ Court, Victoria establish Duty of Driver, etc. of Motor Vehicle if Accident Occurs?
Prosecutors establish a charge of Duty of Driver, etc. of Motor Vehicle if Accident Occurs by proving the occurrence of the following:
A. defendant being the driver of a motor vehicle
B. an accident
C. failure of the accused to either (i) stop, (ii) provide assistance, (iii) give the name and address of the accused to the other party, (iv) or notify the Police about the accident;
D. and presence of aggravating circumstances such as (i) the accused causing death or serious injury to the victim or (b) the accused causing damage to the property of the victim.
Where do you find the law about Duty of Driver, etc. of Motor Vehicle if Accident Occurs?
Duty of Driver, etc. of Motor Vehicle if Accident Occurs is based on a legislation that comes from section 61 of the Road Safety Act 1986.
ABOUT THE AUTHOR: Doogue & O'Brien
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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More information about 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.
A finding of guilt could result in up to 10 years in jail or a fine of as much as 1200 penalty units. A licence disqualification period will also be imposed which could last for a period of 4 years. Penalties for this charge are based on the circumstances of what happened. An accused is not expected to get the highest possible penalty unless what was committed is among the worst possible examples of this offense.
Defenses that are sometimes used are:
A. Wrong facts
B. Accused did not know, or could not have reasonably known, that an accident had occurred which eventually caused death or serious injuries to a person.
Does the Sunshine Magistrates’ Court in Victoria hear a case of Duty of Driver, etc. of Motor Vehicle if Accident Occurs?
Any indictment or summons for Duty of Driver, etc. of Motor Vehicle if Accident Occurs will be generally before a Magistrate in Magistrates’ Court. The decision on which Court will have jurisdiction over a case often reflects the seriousness with which an indictment or summons is being viewed. There are various scenarios for which this charge may apply and it can be a moderate to highly serious form of a crime depending on the circumstances involved.
Where to now?
An experienced criminal law specialist is the person who should be advising you in relation to Duty of Driver, etc. of Motor Vehicle if Accident Occurs. An accredited specialist will know how to get you the best result and is the best lawyer to have for a charge of Duty of Driver, etc. of Motor Vehicle if Accident Occurs.
How do the Prosecutors at the Sunshine Magistrates’ Court, Victoria establish Duty of Driver, etc. of Motor Vehicle if Accident Occurs?
Prosecutors establish a charge of Duty of Driver, etc. of Motor Vehicle if Accident Occurs by proving the occurrence of the following:
A. defendant being the driver of a motor vehicle
B. an accident
C. failure of the accused to either (i) stop, (ii) provide assistance, (iii) give the name and address of the accused to the other party, (iv) or notify the Police about the accident;
D. and presence of aggravating circumstances such as (i) the accused causing death or serious injury to the victim or (b) the accused causing damage to the property of the victim.
Where do you find the law about Duty of Driver, etc. of Motor Vehicle if Accident Occurs?
Duty of Driver, etc. of Motor Vehicle if Accident Occurs is based on a legislation that comes from section 61 of the Road Safety Act 1986.
ABOUT THE AUTHOR: Doogue & O'Brien
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.
