Traffic offenses are mainly committed in public ways such as roads, lanes or any street open for public using.
There are certain rules for all vehicle drivers to follow and if they violate then there are also certain punishments.
Driving recklessly or dangerously can be an offense if it is proved that the accused person drove any vehicle, and the vehicle caused any impact, and the impact caused any death or any kind of grievous bodily harm and lastly at the time of driving the driver was drunken or under any kind of intoxication or the driver was driving so fast which could cause any harm and the driver had the knowledge of that consequence.
To make the accused convicted for aggravated driving, there must be a sample of PCA in his blood, or he must be driving at the speed of 45kmph or more or the accused has to be driving to make an escape from the police pursuit.
Driving in dangerous manner or under influence
Driving in a dangerous manner means driving in such a way (suppose following a zigzag path or jumping in the footpath) or in such a speed that frightens people or even sometimes hurts them. This can be a serious offense. It turns into a more severe one if anyone gets hurt. And even it gets worse when anyone becomes seriously injured or any personal or public property is severely damaged.
Driving under influence means driving a car either for any life and death causes like getting chased by police or simply being intoxicated. A person can be proved intoxicated if liquor smells come out of him or he seems unstable on his feet and has blurry eyes. So any police expert could easily detect any intoxicated driver and make him accused for an offense.
There are certain procedures for breath testing. A police officer can require of a breath test of any person at any time while driving. If a police officer finds out through breath test that the suspect has it in his blood in sufficient amount to get arrested, or in another way, if the suspect refuses to give a breath test, then in either case the police officer has the legitimate right to arrest that suspect and make him go through a breath analysis.
It is a strict offense to refuse both a breath test and a breath analysis. If a breath test is refused, then the penalty is $1100 fine. And if the breath analysis is refused then the penalty remains the same also. And if anyone willfully tries to change the alcohol concentration in blood then it will also be considered as an offense carrying the same amount of penalty.
According to the law, a person cannot be forced to have a breath test if has been under some kind of treatment, or if it is found that going through a breath analysis can be harmful to health.
Some Other Major Traffic Offenses
Some other major traffic offences are using the motor vehicle as any weapon to murder or to cause grievous bodily harm, driving at a very high speed or in a dangerous manner, a failure to assist a person who got injured by any motor vehicle, violation of traffic rules in busy streets etc.
The maximum penalty for any major traffic offenses can be a 5 years’ imprisonment or maximum $5,500 fine.
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.