Conviction for a traffic offense will affect your driving record
Conviction for a traffic offense will affect your driving record. It may cause you demerit of points or suspension of license. Fortunately, there is a way your conviction will not be recorded at all. Section 10 of Crimes (Sentencing Procedure) Act 1999 gives the prerogative to the court to order a conviction of a guilty person but nonetheless discharge him or her without proceeding to record the conviction. Note that in all Criminal and Traffic Law cases, the court has the discretion not to convict you but deal with you under the terms of Section 1.
Persons convicted of traffic offenses for the first-time will be benefitted. . Because there is no record of conviction, there is no criminal record. It will not cause the loss of driver’s license and there are no other penalties.
The court, under Section 10, can order the following:
- Outright dismissal – Section 10(1)(a)
- Good behaviour bond - Conditional dismissal Section 10(1)(b)
- Rehabilitation course – Conditional dismissal Section 10(1)(c)
The court however in ascertaining whether to apply Section 10 or not will consider the following factors:
- the person’s character, antecedents, age, health and mental condition,
- the trivial nature of the offence,
- the extenuating circumstances in which the offence was committed, and
- Any other matter that the court thinks proper to consider.
If you are concerned about a conviction being recorded against you and the potential impact on your future, speak to a lawyer as soon as possible, and they can advise you on your chances of obtaining a non-conviction order. Criminal lawyers Melbourne, Criminal lawyers Perth, Criminal lawyers Adelaide
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.