What should I do if I am charged with a traffic offence?
The first thing to do is to consider your plea, that is, whether you are guilty or not guilty of the offence. If you are not sure, you should seek legal advice.
What penalties can apply if I am convicted?
If you are convicted of a traffic offence after a plea of guilty or after being found guilty at trial, the most common penalty is a fine and disqualification of your licence for a period of time. For some offences, disqualification cannot be imposed, while for others it may be imposed if the court considers it appropriate. For many offences, the court must order that you be disqualified from driving for a certain period of time.
There are also some traffic offences that can result in imprisonment.
For information about the penalties that may be imposed for some of the more common traffic offences, see Traffic offence penalties.
Where can I get more information about my traffic charge?
If you have been charged with a traffic offence, the following web pages may provide information that will assist you:
Do I have to attend court?
If you have been issued with a court hearing notice rather than a summons, then you have the option of attending court or not in answer to the charge.
If you choose not to attend court, you can send the notice back to the court with your plea endorsed on it. This means you can let the court know in writing whether you want to plead guilty or not guilty.
If you are issued with a summons to attend court, then you must attend in person on the date stated in the summons.
Where can I get legal advice about my traffic charge?
If you have been charged with a traffic offence and you need legal advice about your charge, your plea or about the penalty you are likely to get, you can seek advice from a duty lawyer on the morning of your court appearance. Click here for more information about Legal Aid WA's Duty Lawyer Service.
Alternatively, you can seek advice from your own lawyer. This is best done before your court appearance so you have a chance to act on any advice you may be given.
Do I need to be represented by a lawyer in court?
If you are pleading guilty to a traffic offence you can choose to be represented by the duty lawyer or your own lawyer, or you can choose to represent yourself.
If you are pleading not guilty, the duty lawyer cannot represent you at your trial.
Generally, it will be appropriate for you to represent yourself if the offence you are facing will not result in a serious penalty or serious consequences for you.
If, however, the offence or consequences are more serious, you should seek legal advice before deciding whether to represent yourself. If there is a risk of imprisonment, or disqualification of your licence will result in the loss of your job or another serious consequence, it is better if you are represented.
You may be eligible to be represented through Legal Aid WA. Click here for information on Applying for legal aid.
Where can I get more information about appearing in court?
If you are appearing in court, the following web pages may provide information that will assist you:
Last reviewed: 01/09/2010