0401 234 710

Criminal & Traffic Law

Being charged with a criminal offence or serious traffic offence can be very daunting, with the potential to impact significantly on your future and your family’s future. If you are involved in a criminal matter, we will explain the implications of the alleged offence, identify whether potential defences may be available, and advocate on your behalf.

We can assist with:

  • Drink driving and traffic offences
  • Drug offences
  • Resisting arrest
  • Assault matters – sexual assault, indecent assault, rape
  • Arson, robbery, larceny, break and enter, theft, malicious damage
  • Manslaughter, attempted murder, murder
  • Intervention orders (including domestic violence orders)
  • Bail applications
  • Youth Court and Care and Protection Orders

Drink Driving and DUI offences

The term ‘drink driving’ generally refers to two potential offences, namely:

  • Driving with a prescribed concentration of alcohol (PCA) – if you hold a full licence, the maximum blood alcohol level allowed is 0.05. If you are a learner driver, provisional or probationary driver, driving with any alcohol in your blood is prohibited.
  • Driving under the influence of alcohol or drugs (DUI) – driving or attempting to drive a vehicle while under the influence to the extent that you are incapable of effectively exercising control of the vehicle.

It is also an offence to refuse to take an alcotest or breath test.

The range of penalties that apply if a person is convicted of a drink driving offence in South Australia depends on the category of offence as determined by the PCA found in a person’s test – category 1 for 0.05 to 0.079, category 2 for 0.08 to .149 and category 3 for 0.15 or higher.

Other factors that may determine the penalty include whether or not the person has had previous convictions for drink or drug driving offences and whether, at the time, the person charged was driving with a child under 16 years present in the vehicle.

If you are convicted, the court must impose the minimum disqualification period but may impose a longer period. Minimum disqualification periods range from 3 months to 12 months. Monetary fines (according to each category of offence) and demerit points also apply. These penalties increase in accordance with the category PCA offence and the gravity of the circumstances.

If you are charged and convicted of certain serious drink driving offences, you may be ordered to have an alcohol interlock system fitted to your motor vehicle.

A DUI offence is generally more serious than a PCA charge. For a first offence, a minimum monetary fine of $1,100, and minimum licence disqualification period of 12 months applies, with these penalties increasing if there have been previous offences. In some circumstances, a prison sentence may also apply.

Criminal matters – preparing for Court

Your attendance at Court will likely be intimidating, so it is important that you are well prepared and can assist your lawyer in putting forward the best case on your behalf.

At your first meeting you should provide a copy of the Complaint or Information issued and any other relevant details. We will assess the charges made against you and consider whether there are any technical aspects of the charge that may be opposed.

We will ask you to recount your version of the facts and then consider whether there are any defences available. We will then be in a better position to take your instructions regarding how you will plead to the charges made against you. We will discuss the type of offence and applicable penalties at the highest and lowest end.

If a potential defence exists, we will explain the process involved and consider the additional evidence needed to defend the charges as well as any further documents (for example character references) that may assist in presenting submissions on your behalf.

The Youth Court

The Youth Court of South Australia deals with young people charged with criminal offences as well as care and protection proceedings. The Youth Court Act 1993 (SA) and the Young Offenders Act 1993 (SA) set out the power, practice, and processes specific to the Youth Court and the administration of penalties for young offenders.

The Youth Court is a closed court which means that attendance at any sitting of the Court is limited to prescribed persons.

For young people facing the criminal justice system, the effects can be traumatic and long lasting. Obtaining professional legal advice to assist in navigating the processes and protecting their rights is essential.

Young Offenders

The object of the Young Offenders Act is to secure the ‘care, correction and guidance necessary’ for offending youths ‘for their development into responsible and useful members of the community and proper realisation of their potential’. In doing so the Court will be directed, as far as possible, towards certain statutory policies, including:

  • an awareness by the youth of his or her legal obligations and the consequences for breaking the law
  • that the community should be protected against violence and wrongful acts
  • that any sanctions imposed should take into account a deterrent effect
  • as far as the individual case allows, effect should be given to:

–      the provision of compensation and restitution for victims
–      the preservation and strengthening of family relationships
–      avoiding the unnecessary removal of a youth from the family environment
–      avoiding unnecessary interruption of a youth’s education or employment
–      a youth’s sense of racial, ethnic, or cultural identity should not be impaired.

Care and Protection Orders

A care and protection order may be made under the Children and Young People (Safety) Act 2017 (SA) if the Department reasonably suspects that a child or young person is at risk, and making such orders is necessary or appropriate to protect that person from harm. The Court may make a range of orders, including but not limited to:

  • an order requiring the child or young person, or a parent, guardian or person who has care of the child or young person to undertake to do a specified thing or refrain from doing a specified thing
  • an order for the child to be examined and assessed
  • an order for the assessment of a parent, guardian, or person responsible for the care of the child or young person
  • an order preventing a child or young person from being removed from the State
  • supervision, custody, or guardianship orders as prescribed by the legislation

A criminal record can have serious consequences, with the potential to adversely impact your career prospects, scholarship opportunities and overseas travel. If you are involved in a criminal investigation or have been charged with an offence it is important to obtain immediate legal advice to ensure your rights are protected. We will provide guidance and representation to deliver the best possible outcome in your circumstances.

If you need any assistance contact [email protected] or call 0401 234 710 for a no-obligation discussion and for expert legal advice.