What do the police have to prove?

• Offences arising from a breach of the Road Rules 2008 (NSW) are generally classified as ‘strict liability’ offences.
• This means that in order to prove that you are guilty of the offence the police only need to show that you did the act or broke the Road Rules.
• It does not matter that you did not intend to speed or forgot to put your seatbelt on.
• For more serious offences the police need to provide the court with evidence to prove each element (part) of the offence you have been charged with.
• This evidence can be:
  • a blood alcohol analysis;
  • a statement from Roads and Maritime Services providing the date on which your licence was cancelled;
  • a record of interview; or
  • statements from witnesses who may have seen your driving.
• For all driving and traffic offences the police need to prove their case beyond reasonable doubt.
• If you have been charged with a driving or traffic offence it can have serious consequences for your future. If you plead or are found guilty it may result in you having a criminal record. A lawyer can assist you to get the best outcome possible in your circumstances. Our LegalPlan™ membership will allow you to ask lawyers to handle your matter for a Fixed Fee Quote.