Rose Bay, New South Wales3 Driving law Solicitor near you

A lawyer specialising in road traffic law must, on completion of his or her judicial training, pass the certificate of aptitude for the profession of lawyer (CAPA) and be sworn in at the bar of the Court of Appeal. If there is no specialisation in road traffic law as such, a general lawyer with experience in road traffic law is competent to assist his client in solving the case. Otherwise, as road traffic law disputes are usually related to administrative law, insurance law or criminal law, it is possible to call on a lawyer who has these specialisations.

A road traffic lawyer can defend his client in the case of traffic fines (mainly speeding tickets recorded by automatic or mobile radars, telephone calls at the wheel, failure to obey a stop sign or red light). He also intervenes in road traffic offences (hit-and-run or refusal to yield, driving without a licence or with a cancelled licence, driving under the influence of alcohol or drugs, in short, endangering others) and even the most serious cases such as manslaughter. He also assists his client in administrative appeals to contest the cancellation or invalidation of a driving licence. If a sentence is pronounced, he is legitimate to negotiate or adjust it, but also to defend a case of procedural defect. In Rose Bay some road traffic lawyers even extend their services to handling consumer law disputes relating to the purchase or sale of a vehicle. If you are the victim of a traffic offence, a specialist lawyer can also claim damages from the other party.

The first interview with a traffic lawyer can be done by phone or email. To find the contact details of a road traffic lawyer in Rose Bay you can consult a directory of professionals or turn to the directory of your local bar association.

A traffic lawyer can intervene at any stage of a procedure. Whether it is an immediate appearance or another procedure tried before the magistrates' court, in the case of a misdemeanour. Offences, on the other hand, are tried before the police court. There are two types of procedure. The simplified procedure is used in most cases for 1st to 5th class offences without the intervention of the respondent. The judge makes the decision based on the file provided by the public prosecutor. The offender then receives a penal order which can be opposed. The ordinary procedure leaves more freedom, there is an investigation and the use of a lawyer is possible. In addition to legal proceedings, a traffic lawyer can, for example, advise his client and help him to challenge the validity of a procedure that has resulted in the loss of points on the driving licence.

The average fee for a road traffic lawyer is between €250 and €350. The fees depend on the reputation of the law firm, its location and the issues at stake in the case. Car insurance policies sometimes include legal assistance which can help you pay for a lawyer's advice. Also, depending on your financial resources, legal aid may compensate for some of the costs involved. Whatever the nature of the case, a road traffic lawyer will assert your rights and assist you before the judge if the dispute goes to court. To avoid any surprises regarding fees, an agreement is signed at the first meeting. However, additional costs may sometimes be applied (tax stamps, postage, etc.).

- Rule 1: A traffic lawyer must be experienced in resolving this type of dispute.
- Rule 2: Motorists who retain a traffic lawyer are often very concerned that the suspension or cancellation of their licence may affect their professional career. A good traffic lawyer should inform his clients of the possible consequences of a case from the outset. - Rule 3: Most road traffic cases can be overturned because of a procedural defect, a good road traffic lawyer should be familiar with the Code of Administrative Justice and the relevant case law. - Rule 4: A good lawyer will never overcharge. Beware of the many online platforms that charge outrageous amounts for legal assistance in cancelling or contesting a traffic ticket.