Speak to a Consultant Free Call | Mon - Fri | 9am - 5pm
1800 001 212

Driving & Traffic

2. How a Lawyer Can Help

Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 20 Jul 2015

A2. How a Lawyer Can Help lawyer can help you by providing you with legal advice and representation at a number of stages in the criminal justice process.

If you are arrested or asked by police to attend the police station for questioning in relation to a traffic offence a lawyer can:

  • provide you with advice about your legal rights on the telephone or in person before an interview with a police commences; and
  • assist you to understand the process in relation to bail and when you need to attend court.

If you have been issued with an infringement notice or if you have been charged with a traffic offence then a lawyer can provide you with advice about the offence.

Generally people deal with infringement notices without a lawyer. Circumstances where you may need a lawyer include more serious matters or if you think you have a legal defence. You may wish to get some advice to clarify your situation.

For a Traffic Infringement Notice (TIN) a lawyer can explain:

  • what the infringement is;
  • whether there are any defences available;
  • what the range of penalties are if you are convicted of the offence; and
  • what your options are.

For a criminal charge a lawyer can explain:

  • what the charge means;
  • what the police need to prove for you to be convicted;
  • what evidence the police have against you;
  • whether there are any defences available;
  • the strength of the case against you;
  • what the range of penalties are if you are convicted of the offence; and
  • what your options are.

In addition a lawyer can provide you with legal representation. This means they can:

  • negotiate with the police on your behalf; and
  • appear on your behalf in any court hearing.

If you have been convicted and sentenced for a traffic offence then a lawyer can explain:

  • what your sentence (penalty) is;
  • what a conviction means;
  • what a license suspension or disqualification means; and
  • what the consequences are if you do not comply with the court order.

It is important to remember that the law relating to driving and traffic is different in each state and territory. This means that each offence is worded differently and there may be different penalties for those offences. A lawyer in your state or territory is the best person to provide you with legal advice about how the law applies in your situation. Our free directory profiles all lawyers in Australia. You can use it to Find a Lawyer near you.

View more Information on Criminal Law

Connect with a Lawyer