Regardless of the vehicle type, people still commit traffic offenses such as drink driving. Wads of hard-earned money in years—all gone in weeks because of “little too much Vodka again”. On the other hand, a defendant could also be wrongfully convicted by the authorities. If you or someone you know is caught in a traffic offense for the second time, don’t hesitate to call a traffic lawyer to help you get through a traffic crime case.
Traffic crimes still happen despite the thorough driving regulations in New South Wales. Starting from the authorities investigating the crime scene until the complexity of the standards of proof, a traffic offense could leave you broke.
The following information will guide you if you’re having a hard time dealing with a traffic case for the second time around:
The Necessity of an Investigation
In accidents where more than one vehicles are involved, an investigation is necessary. The aim is to investigate who is really at fault and to measure the degree of fault from both parties.
Moreover, during an investigation, the vehicles will also be inspected for car parts that may have malfunctioned during the event and caused the accident. In some cases, it could also be an external factor, such as a slippery area in the road or a barely visible debris in the middle of the road.
Nonetheless, just like the primary aim of hiring a traffic lawyer, an investigation may also contribute to disproving your liability for the accident.
Providing Evidence and Standard of Proof
The Standard of Proof is defined as the degree of the pieces of evidence needed to prove the liability or innocence of a person involved in any case.
In Queensland, the Australian Crime Commission (ACC) and the Crime and Misconduct Commission (CMC) requires the persons involved to supply pieces of evidence to prove their innocence. However, the right to silence is not taking an effect here; that’s why hiring a traffic lawyer could help you throughout the sentence bargaining and other complicated processes during a hearing.
Meanwhile, in Sydney, civil cases stand on the balance of probabilities. In simple terms, the more convincing party goes home and wins the case. However, for cases such as drink driving, the standard of proof stands on beyond reasonable doubt.
The prosecutor will have to prove the alleged offender’s liability and fault beyond any reasonable doubt through three ingredients (owning and driving a car, driving that car on a public road, and having a blood alcohol concentration [BAC] of higher than 0.150).
If you believe that you don’t deserve a conviction or a heavy sentence, the best traffic lawyer can help you prove your innocence and eventually help the court find you to be not guilty.
The Importance of Evidence of Negligence
On the other hand, if you are clearly beyond saving and is a candidate for a long sentence, a traffic lawyer Sydney has these days should help you find and present a Proof of Negligence. This will be your defense you against threats to verifying your innocence.
Meanwhile, in a worst-case scenario, a traffic lawyer in Sydney may also use your unsatisfactory driving lessons performance or your poorly performing vehicle to be the primary causing factors of the accident. For more information, visit their website at: http://www.sydneycriminaldefencelawyers.com.au/traffic-law/