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Driving Offences
DRIVING OFFENCES
INFRINGEMENT OFFENCES:
TRAFFIC OFFENCES
RECORDING OF DEMERIT POINTS
WRITING A LETTER TO THE COURT OR POLICE ABOUT A TRAFFIC OFFENCE
UNDER 17 YEAR OLDS
HELPFUL CONTACTS
INFRINGEMENT OFFENCES:
What is an Infringement Offence?
For minor offences, for example, not having a Warrant of Fitness or Registration, you will receive an instant fine if caught. This is called an Infringement Offence Notice, or traffic ticket, and it will state how much you have to pay.
Three of the most common fines are:
How long do I have to pay the fine?
If you don't pay your fine within 28 days from the day of the offence you will be sent a reminder notice. You then have another 28 days to pay. In total you have two months to pay the fine.
What happens if I don't pay it, will I have to go to court?
If you don't pay the matter will proceed to court and court costs of $130 will be added to the fine.
What should I do if I don't think I should be fined?
If you think you didn't commit the offence or if you have a good explanation for what happened, you should write a letter to the police, enforcement officer or the local council that issued the ticket. Their name and address will be on the ticket. It is always a good idea to write a letter if you do not accept you are in the wrong, but make sure you keep a copy. The ticket may be withdrawn. Make sure you include in the letter your name, address, vehicle registration number and also the ticket number itself.
(See "Writing a Letter" below).
TRAFFIC OFFENCES
What is a Traffic Offence?
If you commit a more serious offence you'll receive a Traffic Offence Notice. You can also receive one if you commit the same minor offence repeatedly, for example, driving with bald tyres.
Some examples of this type of offence are:
If the police decide to charge you with an offence, you'll be sent either a Notice of Prosecution for a Minor Offence or a Summons. A Summons is a written document signed by a Judge, Justice of the Peace or a Court Registrar which tells you the details of the offence you're charged with and the date, time and place of the court hearing.
Careless Driving:
What is careless driving?
If you drive without reasonable consideration for other people or you fail to drive with the care and attention that a reasonable and sensible driver would exercise in the circumstance you will be driving carelessly. This may relate to excess speed, failing to make the proper signals and observe other road rules. It may also relate to not driving in a way that suits the driving conditions (e.g. weather, road surface, traffic flow, light conditions). Remember this now includes skateboarders, roller skaters and roller bladers.
What is the penalty for careless driving?
The maximum fine is $3,000. You can also be disqualified from driving if the Court thinks it's necessary.
Generally the fine tends to be around $150 - $200 plus Court costs of $130.
If you cause injury or death the penalty is much worse - a maximum of 3 months imprisonment and/or a fine up to $4,500 and disqualification for at least 6 months.
The penalty is more serious if you cause injury or death and you were speeding, overtaking or driving on the wrong side of the road at the time – a maximum of 3 years imprisonment and/or a fine up to $10,000 and disqualification for at least 1 year.
What happens if I'm suspected of careless driving?
If you're caught at the scene, the officer will give you a ticket and you will later receive a Summons, which is given to you in person. If someone else reports your driving, you will be interviewed and if you are found at fault issued a notice and in time a summons.
Do I need to hire a lawyer if I am charged with careless driving?
You don't have to hire a lawyer but you may like to get some legal advice before you go to court. There is a lawyer at court called a "Duty Solicitor" who is there to help you with advice if you need it. You would need to go in and see him/her before court on the day of your court case. You could also call your local community law centre or Citizens Advice Bureau [See Helpful Contacts]. The AA has legal advisers who help AA members.
So what do I need to do if I am charged with careless driving?
The Summons will set out a date for the court hearing. You can either go to court on that day or you can write a letter and not go to court. If you write a letter you must say whether you are pleading guilty or not guilty. You may need to get legal advice to help you decide how to plead. If you plead guilty you can explain what happened in your letter - your side of the story, and explain why you think you should be given a small penalty. If you plead not guilty, you will be sent a date for a defended hearing.
If you are pleading not guilty it is important that you have considered the things set out in "Writing a letter" below, and made notes about them. You will need to give that information to the duty solicitor if he/she is representing you, bring it up in court yourself or put in a letter to be handed to the Justice of the Peace or Judge.
Dangerous Driving:
What is dangerous driving?
You are driving dangerously if you drive in a way or at a speed which is, or might have been, dangerous to anyone. This means you can be guilty of dangerous driving even if there's no other car on the road. It is enough that you may have had an accident if another car had been there or hurt or injured another person.
What is the penalty for dangerous driving?
The maximum penalty for dangerous driving without causing injury or death is up to 3 months in prison and/or a fine of up to $4,500 and the loss of your licence for at least 6 months. If you cause injury or death, the penalty is worse - a maximum of 5 years imprisonment and/or a fine of up to $20,000, and disqualification from driving for a minimum period of 1 year. If you cause death and there are aggravating factors such as you were fooling around on the road prior to the accident or there was excess alcohol involved you may be charged with manslaughter. Imprisonment is then highly likely with the maximum being life.
Reckless Driving:
What is reckless driving?
To be driving recklessly you have to be driving dangerously and be doing it either deliberately or ignoring the risk you're running.
What is the penalty for reckless driving?
The penalties are the same as for dangerous driving.
What happens if I'm charged with dangerous driving or reckless driving?
These offences are considered to be far more serious than careless driving. You will receive a Summons and you must appear in court. You can write a letter explaining the situation and take it with you to court. [See Section 12 – Writing a Letter]. You should give a copy of the letter to the duty solicitor if they are representing you. The case is heard before a judge in the District Court. In the majority of cases, a person found guilty of dangerous or reckless driving will lose their licence.
Do I need to hire a lawyer?
YES. It is a good idea to get in contact with a lawyer before you have to go to court. This is a more serious offence and you'll need legal advice.
Can I get legal aid?
You can get criminal legal aid for major traffic offences. You apply for legal aid by filling out a legal aid form, which you can get from the public counter at your nearest District Court. You should apply as early as possible, as soon as you receive a summons to go to court. If you are in Police custody or in the cells ask to see the duty solicitor and he or she will help you apply for criminal legal aid. Whether you receive legal aid will depend on your income, how much money you have in the bank, any assets you have, what bills you owe and what it costs you a week to live, e.g. rent, food, power/gas, telephone, petrol, etc. If you are under 20 and being supported by your parents, you will need to provide the same information about them. The Registrar of the Court will send you a letter telling you if you have been granted legal aid or you will be told at the court.
Drink Driving:
What is a drink driving offence?
It is a very serious offence to drive a vehicle when you've been drinking and you are over the legal limit. There are serious penalties for driving over the limit. For first and second time offences you could receive a fine of up to $4,500 and/or a maximum of 3 months imprisonment and losing your licence (disqualification) for a minimum of 6 months. If you re-offend a third time the fine can be as high as $6,000 and/or a maximum prison term of 2 years and a 1 year minimum disqualification from driving. It isn't an excuse that you didn't know you were over the limit.
What are the limits if I'm under 20?
The law has recently changed, so there is effectively a zero tolerance approach to alcohol for young perople under 20.
You could be committing an infringement offence and either have a fine or need to go to court if:
You have a small amount in your system - (0- 30 mg) alcohol per 100 ml of blood or (0 - 150 mcg) alcohol per litre of breath
You could be committing an offence and have to go to court if:
You have more than 30mg of alcohol per100 ml of blood, or more than 150mcg of alcohol per litre of breath
*This is a more serious offence than an infringement offence because the proportion of alcohol in your system is higher.
What are the limits if I'm over 20?
If you are over 20 there isnt at present a zero tolerance approach for any alcohol while driving.
What this means is that (unlike the rules for under 20's) you wouldnt automatically be breaking the law if you had some alcohol in your system unless you were also over the prescribed limit.
The relevant limits are:
80 mg alcohol per 100 ml of blood or 400 mcg alcohol per litre of breath.
*The penalties for being over the adult drinking limit are more serious than those for youth (under 20).
When can I be stopped and tested?
An officer is allowed to stop any driver and perform certain tests to determine whether that driver has been drinking or not. Once you have been stopped two tests may be performed. A passive breath sensing device, known as a "sniffer", is a quick and easy way to initially sense the presence of alcohol. This only needs to be near the mouth and often you will be asked for your name and address. It is not an offence to refuse this test, but refusal can lead to the performing of a breath screening test.
A breath screening test requires you to blow into a bag. This is another screening test, which determines if any further tests should be taken. The results of this test cannot be used as evidence in court. To refuse the test is not an offence, but if you refuse the officer is able to take you away to have an evidential breath test or blood test.
The officer does not have to suspect you have been drinking to require you to perform the tests.
What happens after I have tested positive?
Two further tests may be required after the initial screening tests. However, these will be conducted away from where your car was stopped. A large vehicle for this purpose may be present, or you may have to accompany the Police to a station. Refusal or failure to accompany will result in a charge and arrest without a warrant.
Evidential breath testing is a breath test that can be used as evidence in court. If you are asked to accompany the officer for an evidential breath test, you must be told that you have a right to contact a lawyer and you must be allowed to do this as soon as it is possible. If you fail to remain after a breath screening test or fail to accompany the Officer for the purpose of the evidential breath test you can be fined up to $4500 and may be disqualified. It is not an offence to refuse an evidential breath test but if you refuse, you can be required to have a blood test.
Blood tests should be performed by a medical doctor or by a medical officer. If you have an accident and go to hospital or to a doctor's surgery, the officer can ask a doctor to take a blood sample and the doctor doesn't need your consent. It is an offence to refuse a blood test and the penalty is the same as for drink driving.
NOTE: If you are over 20 and your breath test is over 400 mg per litre of breath or you are under 20 and your breath test is over 150 mg per litre of breath, you can ask for a blood test and you must be told of this right. However, unless you are just over the legal breath alcohol limit or you are sure the breath test is faulty, it is not usually a good idea to ask for a blood test because the result is usually higher than the result of a breath test.
What happens if I'm caught for drink driving and I am over 17?
The usual process is that you'll be given an "on the spot" Summons which will set out a court date (See "Traffic Offences").
If you are under 20, the penalties for being over the limit are a maximum of 3 months imprisonment and/or a fine of $2250 and a minimum 3 months disqualification from driving. If you are over 20, the penalties depend upon how many times you have offended and are set out under " What is a drink driving offence?".
If you have an accident and injure someone when you are over the limit the penalties are even higher. You will normally be disqualified from driving for 1 year and could get up to 5 years imprisonment and/or a $20,000 fine. (see "Under 17 Year Olds").
Speeding:
What happens if I am caught speeding?
For speeding of up to 50 km over the speed limit, the offence is a minor offence. This means that the penalty is a fine, which is set out on the Infringement Offence Notice.
However, if the speed travelled is more than 50 km over the speed limit, it will be dealt with by a Traffic Offence Notice, for example, if someone is travelling 151 km an hour in a 100 km speed area. Speeding at 40km/h above the speed limit will result in an automatic 28 days suspension of your licence from the police.
Speeding also leads to demerit points (See "Recording of Demerit Points").
Traffic Offence Questions:
When can an enforcement officer (not the Court) suspend my licence?
An enforcement officer must suspend your licence for 28 days if they believe on reasonable grounds that you have:
The enforcement officer must give you written notice of this. Suspension starts immediately after the notice is given to you.
Can I appeal the decision to have my licence suspended for 28 days?
You can appeal to the Director of Land Transport Safety against the mandatory suspension of your licence. The grounds for an appeal are that you were not the driver of the vehicle at the time or the enforcement officer did not have reasonable grounds of belief or did not give you notice of the suspension that complied with the Act. If your appeal is unsuccessful you can appeal to the District Court.
When can an enforcement officer (not the Court) seize and impound my car?
An enforcement officer must seize and impound, a motor vehicle for 28 days if the officer believes on reasonable grounds that you drove the vehicle on a road while:
The enforcement officer must give you a copy of the written notice of his intention to seize and impound your vehicle. The notice will tell you the date and time of the seizure, the place where the vehicle is to be impounded and your right’s of appeal to get your vehicle back. Seizure or impoundment is not necessary if the Officer has good reason to suspect the vehicle is stolen, converted, has suffered severe damage or is a write off. You will need to pay the storage and towage fee for the impoundment or enter into an agreement to pay these, to get your vehicle back after the 28 days.
Can I appeal an impoundment notice?
You may appeal to the Police on the grounds that:
If you are unsuccessful in appealing to the Director then you can appeal to the District Court.
Can I be prevented from driving, without being arrested?
YES. If an officer reasonably believes that you are incapable of properly controlling the vehicle that you are in charge of, in the interests of the yourself and the public, the officer may forbid you to drive any motor vehicle for a period (normally between 8 – 12 hours), take all keys to that vehicle, and take the vehicle to another place or immobilise it. If the car cannot be disabled easily, then the car can be impounded for up to 12 hours.
Can I be arrested for dangerous, reckless or drink driving?
If the offence of dangerous driving, reckless driving or drink driving is serious enough, you may be arrested, but this is uncommon. It is more likely that you'll receive a Summons. However, if you don't show up at court on the set date, the court will issue a warrant for your arrest which means that the police can arrest you and keep you in custody until you can be bought before court.
When can I be stopped by an officer and what must I tell them?
An Enforcement Officer can stop you at any time. You must give your name, date of birth and address. If you don’t own the vehicle you must give the name and address of the owner to the best of your knowledge. Other than that you have the right to silence. You can be required to remain stopped for up to 15 minutes for the Officer to establish your identity.
See "When can an Officer search my car?" below for more information on this.
Some reasons a Officer may stop you are to:
When can an Officer search my car?
An Officer can search your car if you agree. He/She can also stop and search your car if he/she has reasonable grounds to believe that you have drugs, or an offensive weapon (e.g. knife or gun). An officer can also stop and search your car if he/she has reasonable grounds to believe that any stolen property or property obtained by a crime involving dishonesty is in the car.
An officer may also search your car if he/she has a search warrant or arrests you and you are with your car at the time. If any search is done without consent the officer must tell you and any other person being searched the Act and section of the law allowing the search to take place.
When stopping a car to carry out a search the officer can require any person in the car to give their name, date of birth and address. If the officer has reasonable grounds to suspect that a person who is unlawfully at large or who has committed a crime punishable by imprisonment, is in your car, the officer can stop your car, require any person in the car to give their name, date of birth and address and search the car for the person, or property that is evidence of the crime.
Some Driving Offences and Maximum Penalties:
* "vehicle" includes a bicycle, moped, motorcycle, skateboard, roller blades and roller skates
** usually you will be issued with a notice to pay the infringement fee instead
OFFENCES - MAXIMUM PENALTIES
Driving without a licence
$1000 fine - $400 infringement fee**
(Your car will be seized and impounded for 28 days – storage and towing fees apply)
Driving without carrying your licence with you
$1000 fine $55 infringement fee**
Breaking the conditions of your graduated drivers licence –
E.g., carrying passengers without a supervisor while on a restricted licence
$1000 fine $400 infringement notice**
Careless or inconsiderate driving of a vehicle* without causing injury or death
ie driving without reasonable consideration for others or not driving with the care and attention that a reasonable and sensible driver would exercise in the circumstances – your driving must suit the weather, any road hazards, road surface, light conditions and what others are doing
$3000 fine (usually $150-$400, plus $130 court costs) and you can be disqualified
Careless or inconsiderate driving of a vehicle* causing death or injury
3 months imprisonment and/or $4500 fine and at least 6 months disqualification
Dangerous driving of a motor vehicle without causing death or injury
i.e. Driving in a way or at a speed which is, or might have been dangerous to anyone – you can be guilty even if there is no-one else on the road, because someone may have come onto the road OR
Reckless driving
i.e. Realising you are driving dangerously but ignoring the effects or risks of continuing to drive like that
3 months imprisonment and/or $4500 fine and at least 6 months disqualification
Driving a motor vehicle while under the influence of alcohol or drugs to such an extent as to be incapable of having proper control of the motor vehicle
For first and second time – 3 months imprisonment and/or $4500 fine and at least 6 months disqualification.
For the third and following times – 2 years imprisonment and/or $6000 fine and at least 12 months disqualification
Driving a motor vehicle with breath or blood alcohol over the legal limit without causing injury or death
If you are under 20 – over 30mg alcohol per 100ml of blood, or over 150mcg alcohol per litre of breath
If you are over 20 – over 80mg alcohol per 100ml of blood, or over 400mcg alcohol per litre of breath
3 months imprisonment and/or $2500 fine and at lease 3 months disqualification
For first and second time: 3 months imprisonment and/or $4500 fine and at least 6 months disqualification.
For third and following times: 2 years imprisonment and/or $6000 fine and at least 12 months disqualification
RECORDING OF DEMERIT POINTS
What are demerit points?
In addition to any penalties incurred if a driver is convicted of an offence, demerit points may also be recorded. Examples of offences that incur demerit points are as follows:
Demerit points are deemed to have effect on and from the date the offence was committed and will last for a period of 2 years before being removed from your records.
What happens if I get demerit points?
If you accumulate 100 or more demerit points within 2 years you will be disqualified from driving for 3 months. Once you have accumulated 50 demerit points, you should receive a letter of warning from the Transport department. Failure to receive this letter may invalidate any suspensions from driving.
If you are disqualified for a period of 3 months or more due to being convicted of an offence, all demerit points entered before that disqualification will be cancelled.
Street/ Drag Racing
What does the law say?
Under the ‘boy racer’ provisions of the Land Transport Act 1998, you are not allowed to:
What is the penalty?
If a police officer believes on reasonable grounds that you or someone else has used your car for any of these above offences they can impound your car for 28 days.
WRITING A LETTER TO THE COURT OR POLICE ABOUT A TRAFFIC OFFENCE
What sort of things should I put in a letter?
First of all, explain the circumstances that caused you to break the law. Remember this information is important for your case whether you are pleading guilty or not guilty. It will give the duty solicitor or solicitor acting for you your version of what happened. It is also important to give a copy of this to the Judge if you are acting for yourself. Other things that can be mentioned are:
These kinds of factors are more likely to be mentioned in a letter about a major offence like careless or dangerous driving. But even with a minor offence like having no Registration, there may be a reasonable explanation, which you can give in your letter.
Other helpful hints:
UNDER 17 YEAR OLDS
You aren't treated any differently for minor offences such as having no Warrant of Fitness or speeding. But if you commit a serious offence, the police can send you a Summons to the Youth Court. A Family Group Conference (FGC) will then be held to decide if there's a better way to deal with your offending, or the police can meet with a Youth Justice Co-ordinator to decide whether your case should go to court or can be dealt with in other ways.
What is a Family Group Conference?
A Family Group Conference is a meeting of all the people who are involved in your life, including any victims of your offending to discuss your offending. The purpose of a FGC is to make sure you face up to your offending and take part in the decision about what should be done about it. It is designed to help your family to support you and to divert young people away from the court system.
Everyone present must agree with the FGC decision. If they don't your case will probably go back to the Youth Court to decide what should be done about the offence. The case may also go to court if you deny the offending, as a hearing will need to take place to determine whether or not you are guilty.
What is a Youth Justice Co-ordinator?
A Youth Justice Co-ordinator works for the Children, Young Persons and their Families Agency and their job is to explore ways of dealing with your offending without having to go to court and to organise and run the FGC. The Children, Young Persons and their Families Agency is to become the "Department of Child, Youth and Whanau Services" on 1 October 1999.
HELPFUL CONTACTS
SADD (Students Against Drunk Driving)
PO Box 1, Christchurch
Ph: (03) 374-9218
The Insurance Council
PO Box 474, Wellington
Ph: (04) 472-5230, or 0800 656-516
The Insurance Council has a service which deals with questions about insurance and complaints about insurance companies.
Insurance Ombudsman
PO Box 10845, The Terrace, Wellington
Ph: 0800 888-202
The Insurance Ombudsman hears complaints about insurance companies. However, you must
have at first tried to sort the problem out through the insurance company's complaints procedure.
Also see your telephone directory for your local:
Note: This information sheet was produced by YouthLaw Tino Rangatiratanga Taitamariki Inc. and was last updated and reviewed in November 2001. Its contents are true and accurate to the best knowledge of YouthLaw Tino Rangatiratanga Taitamariki Inc. However, YouthLaw Tino Rangatiratanga Taitamariki Inc. assumes no liability for any losses suffered by any person relying directly or indirectly on this information sheet as it is not advice to a particular client. If you want advice, please contact us. ISBN # 0-909004-11-0. The Legal Services Agency provided the funding for the production of this information sheet
INFRINGEMENT OFFENCES:
TRAFFIC OFFENCES
RECORDING OF DEMERIT POINTS
WRITING A LETTER TO THE COURT OR POLICE ABOUT A TRAFFIC OFFENCE
UNDER 17 YEAR OLDS
HELPFUL CONTACTS
INFRINGEMENT OFFENCES:
What is an Infringement Offence?
For minor offences, for example, not having a Warrant of Fitness or Registration, you will receive an instant fine if caught. This is called an Infringement Offence Notice, or traffic ticket, and it will state how much you have to pay.
Three of the most common fines are:
- Having no Registration: $200
- Having no Warrant of Fitness: $200
- Driving without a licence (that is, having never sat a driving test): a maximum of $1000, although the actual fine is usually around $350.
How long do I have to pay the fine?
If you don't pay your fine within 28 days from the day of the offence you will be sent a reminder notice. You then have another 28 days to pay. In total you have two months to pay the fine.
What happens if I don't pay it, will I have to go to court?
If you don't pay the matter will proceed to court and court costs of $130 will be added to the fine.
What should I do if I don't think I should be fined?
If you think you didn't commit the offence or if you have a good explanation for what happened, you should write a letter to the police, enforcement officer or the local council that issued the ticket. Their name and address will be on the ticket. It is always a good idea to write a letter if you do not accept you are in the wrong, but make sure you keep a copy. The ticket may be withdrawn. Make sure you include in the letter your name, address, vehicle registration number and also the ticket number itself.
(See "Writing a Letter" below).
TRAFFIC OFFENCES
What is a Traffic Offence?
If you commit a more serious offence you'll receive a Traffic Offence Notice. You can also receive one if you commit the same minor offence repeatedly, for example, driving with bald tyres.
Some examples of this type of offence are:
- Careless Driving.
- Dangerous Driving.
- Reckless Driving.
- Drink Driving.
- Speeding (in some circumstances).
If the police decide to charge you with an offence, you'll be sent either a Notice of Prosecution for a Minor Offence or a Summons. A Summons is a written document signed by a Judge, Justice of the Peace or a Court Registrar which tells you the details of the offence you're charged with and the date, time and place of the court hearing.
Careless Driving:
What is careless driving?
If you drive without reasonable consideration for other people or you fail to drive with the care and attention that a reasonable and sensible driver would exercise in the circumstance you will be driving carelessly. This may relate to excess speed, failing to make the proper signals and observe other road rules. It may also relate to not driving in a way that suits the driving conditions (e.g. weather, road surface, traffic flow, light conditions). Remember this now includes skateboarders, roller skaters and roller bladers.
What is the penalty for careless driving?
The maximum fine is $3,000. You can also be disqualified from driving if the Court thinks it's necessary.
Generally the fine tends to be around $150 - $200 plus Court costs of $130.
If you cause injury or death the penalty is much worse - a maximum of 3 months imprisonment and/or a fine up to $4,500 and disqualification for at least 6 months.
The penalty is more serious if you cause injury or death and you were speeding, overtaking or driving on the wrong side of the road at the time – a maximum of 3 years imprisonment and/or a fine up to $10,000 and disqualification for at least 1 year.
What happens if I'm suspected of careless driving?
If you're caught at the scene, the officer will give you a ticket and you will later receive a Summons, which is given to you in person. If someone else reports your driving, you will be interviewed and if you are found at fault issued a notice and in time a summons.
Do I need to hire a lawyer if I am charged with careless driving?
You don't have to hire a lawyer but you may like to get some legal advice before you go to court. There is a lawyer at court called a "Duty Solicitor" who is there to help you with advice if you need it. You would need to go in and see him/her before court on the day of your court case. You could also call your local community law centre or Citizens Advice Bureau [See Helpful Contacts]. The AA has legal advisers who help AA members.
So what do I need to do if I am charged with careless driving?
The Summons will set out a date for the court hearing. You can either go to court on that day or you can write a letter and not go to court. If you write a letter you must say whether you are pleading guilty or not guilty. You may need to get legal advice to help you decide how to plead. If you plead guilty you can explain what happened in your letter - your side of the story, and explain why you think you should be given a small penalty. If you plead not guilty, you will be sent a date for a defended hearing.
If you are pleading not guilty it is important that you have considered the things set out in "Writing a letter" below, and made notes about them. You will need to give that information to the duty solicitor if he/she is representing you, bring it up in court yourself or put in a letter to be handed to the Justice of the Peace or Judge.
Dangerous Driving:
What is dangerous driving?
You are driving dangerously if you drive in a way or at a speed which is, or might have been, dangerous to anyone. This means you can be guilty of dangerous driving even if there's no other car on the road. It is enough that you may have had an accident if another car had been there or hurt or injured another person.
What is the penalty for dangerous driving?
The maximum penalty for dangerous driving without causing injury or death is up to 3 months in prison and/or a fine of up to $4,500 and the loss of your licence for at least 6 months. If you cause injury or death, the penalty is worse - a maximum of 5 years imprisonment and/or a fine of up to $20,000, and disqualification from driving for a minimum period of 1 year. If you cause death and there are aggravating factors such as you were fooling around on the road prior to the accident or there was excess alcohol involved you may be charged with manslaughter. Imprisonment is then highly likely with the maximum being life.
Reckless Driving:
What is reckless driving?
To be driving recklessly you have to be driving dangerously and be doing it either deliberately or ignoring the risk you're running.
What is the penalty for reckless driving?
The penalties are the same as for dangerous driving.
What happens if I'm charged with dangerous driving or reckless driving?
These offences are considered to be far more serious than careless driving. You will receive a Summons and you must appear in court. You can write a letter explaining the situation and take it with you to court. [See Section 12 – Writing a Letter]. You should give a copy of the letter to the duty solicitor if they are representing you. The case is heard before a judge in the District Court. In the majority of cases, a person found guilty of dangerous or reckless driving will lose their licence.
Do I need to hire a lawyer?
YES. It is a good idea to get in contact with a lawyer before you have to go to court. This is a more serious offence and you'll need legal advice.
Can I get legal aid?
You can get criminal legal aid for major traffic offences. You apply for legal aid by filling out a legal aid form, which you can get from the public counter at your nearest District Court. You should apply as early as possible, as soon as you receive a summons to go to court. If you are in Police custody or in the cells ask to see the duty solicitor and he or she will help you apply for criminal legal aid. Whether you receive legal aid will depend on your income, how much money you have in the bank, any assets you have, what bills you owe and what it costs you a week to live, e.g. rent, food, power/gas, telephone, petrol, etc. If you are under 20 and being supported by your parents, you will need to provide the same information about them. The Registrar of the Court will send you a letter telling you if you have been granted legal aid or you will be told at the court.
Drink Driving:
What is a drink driving offence?
It is a very serious offence to drive a vehicle when you've been drinking and you are over the legal limit. There are serious penalties for driving over the limit. For first and second time offences you could receive a fine of up to $4,500 and/or a maximum of 3 months imprisonment and losing your licence (disqualification) for a minimum of 6 months. If you re-offend a third time the fine can be as high as $6,000 and/or a maximum prison term of 2 years and a 1 year minimum disqualification from driving. It isn't an excuse that you didn't know you were over the limit.
What are the limits if I'm under 20?
The law has recently changed, so there is effectively a zero tolerance approach to alcohol for young perople under 20.
You could be committing an infringement offence and either have a fine or need to go to court if:
You have a small amount in your system - (0- 30 mg) alcohol per 100 ml of blood or (0 - 150 mcg) alcohol per litre of breath
You could be committing an offence and have to go to court if:
You have more than 30mg of alcohol per100 ml of blood, or more than 150mcg of alcohol per litre of breath
*This is a more serious offence than an infringement offence because the proportion of alcohol in your system is higher.
What are the limits if I'm over 20?
If you are over 20 there isnt at present a zero tolerance approach for any alcohol while driving.
What this means is that (unlike the rules for under 20's) you wouldnt automatically be breaking the law if you had some alcohol in your system unless you were also over the prescribed limit.
The relevant limits are:
80 mg alcohol per 100 ml of blood or 400 mcg alcohol per litre of breath.
*The penalties for being over the adult drinking limit are more serious than those for youth (under 20).
When can I be stopped and tested?
An officer is allowed to stop any driver and perform certain tests to determine whether that driver has been drinking or not. Once you have been stopped two tests may be performed. A passive breath sensing device, known as a "sniffer", is a quick and easy way to initially sense the presence of alcohol. This only needs to be near the mouth and often you will be asked for your name and address. It is not an offence to refuse this test, but refusal can lead to the performing of a breath screening test.
A breath screening test requires you to blow into a bag. This is another screening test, which determines if any further tests should be taken. The results of this test cannot be used as evidence in court. To refuse the test is not an offence, but if you refuse the officer is able to take you away to have an evidential breath test or blood test.
The officer does not have to suspect you have been drinking to require you to perform the tests.
What happens after I have tested positive?
Two further tests may be required after the initial screening tests. However, these will be conducted away from where your car was stopped. A large vehicle for this purpose may be present, or you may have to accompany the Police to a station. Refusal or failure to accompany will result in a charge and arrest without a warrant.
Evidential breath testing is a breath test that can be used as evidence in court. If you are asked to accompany the officer for an evidential breath test, you must be told that you have a right to contact a lawyer and you must be allowed to do this as soon as it is possible. If you fail to remain after a breath screening test or fail to accompany the Officer for the purpose of the evidential breath test you can be fined up to $4500 and may be disqualified. It is not an offence to refuse an evidential breath test but if you refuse, you can be required to have a blood test.
Blood tests should be performed by a medical doctor or by a medical officer. If you have an accident and go to hospital or to a doctor's surgery, the officer can ask a doctor to take a blood sample and the doctor doesn't need your consent. It is an offence to refuse a blood test and the penalty is the same as for drink driving.
NOTE: If you are over 20 and your breath test is over 400 mg per litre of breath or you are under 20 and your breath test is over 150 mg per litre of breath, you can ask for a blood test and you must be told of this right. However, unless you are just over the legal breath alcohol limit or you are sure the breath test is faulty, it is not usually a good idea to ask for a blood test because the result is usually higher than the result of a breath test.
What happens if I'm caught for drink driving and I am over 17?
The usual process is that you'll be given an "on the spot" Summons which will set out a court date (See "Traffic Offences").
If you are under 20, the penalties for being over the limit are a maximum of 3 months imprisonment and/or a fine of $2250 and a minimum 3 months disqualification from driving. If you are over 20, the penalties depend upon how many times you have offended and are set out under " What is a drink driving offence?".
If you have an accident and injure someone when you are over the limit the penalties are even higher. You will normally be disqualified from driving for 1 year and could get up to 5 years imprisonment and/or a $20,000 fine. (see "Under 17 Year Olds").
Speeding:
What happens if I am caught speeding?
For speeding of up to 50 km over the speed limit, the offence is a minor offence. This means that the penalty is a fine, which is set out on the Infringement Offence Notice.
However, if the speed travelled is more than 50 km over the speed limit, it will be dealt with by a Traffic Offence Notice, for example, if someone is travelling 151 km an hour in a 100 km speed area. Speeding at 40km/h above the speed limit will result in an automatic 28 days suspension of your licence from the police.
Speeding also leads to demerit points (See "Recording of Demerit Points").
Traffic Offence Questions:
When can an enforcement officer (not the Court) suspend my licence?
An enforcement officer must suspend your licence for 28 days if they believe on reasonable grounds that you have:
- Undergone an evidential breath test and been found to have a breath alcohol concentration exceeding 800 micrograms per litre of breath; or
- Undergone an evidential blood test and found to have a blood alcohol concentration exceeding 160 milligrams of alcohol per 100 millilitres of blood; or
- Failed or refused to undergo a blood test, after being required or requested to do so; or
- Driven a motor vehicle on a road at a speed exceeding the applicable speed limit by more than 50 km an hour (this having been detected other than by approved vehicle surveillance equipment).
The enforcement officer must give you written notice of this. Suspension starts immediately after the notice is given to you.
Can I appeal the decision to have my licence suspended for 28 days?
You can appeal to the Director of Land Transport Safety against the mandatory suspension of your licence. The grounds for an appeal are that you were not the driver of the vehicle at the time or the enforcement officer did not have reasonable grounds of belief or did not give you notice of the suspension that complied with the Act. If your appeal is unsuccessful you can appeal to the District Court.
When can an enforcement officer (not the Court) seize and impound my car?
An enforcement officer must seize and impound, a motor vehicle for 28 days if the officer believes on reasonable grounds that you drove the vehicle on a road while:
- You were disqualified from holding or obtaining a driver licence allowing you to drive that vehicle; or
- Your drivers licence is for the time being suspended or was revoked; or
- You didn’t hold a driver licence and had been previously forbidden to drive because you were an unlicensed driver or your licence had expired.
The enforcement officer must give you a copy of the written notice of his intention to seize and impound your vehicle. The notice will tell you the date and time of the seizure, the place where the vehicle is to be impounded and your right’s of appeal to get your vehicle back. Seizure or impoundment is not necessary if the Officer has good reason to suspect the vehicle is stolen, converted, has suffered severe damage or is a write off. You will need to pay the storage and towage fee for the impoundment or enter into an agreement to pay these, to get your vehicle back after the 28 days.
Can I appeal an impoundment notice?
You may appeal to the Police on the grounds that:
- The vehicle was stolen or converted at the time; or
- The enforcement officer at the time of the seizure did not have reasonable grounds for his/her belief; or
- You (being the owner of the car) did not know and could not reasonably have been expected to know that the driver was not allowed to drive; or
- You (being the owner of the car) took all reasonable steps to prevent the driver from driving the vehicle; or
- The driver of the vehicle drove the vehicle in a medical emergency.
If you are unsuccessful in appealing to the Director then you can appeal to the District Court.
Can I be prevented from driving, without being arrested?
YES. If an officer reasonably believes that you are incapable of properly controlling the vehicle that you are in charge of, in the interests of the yourself and the public, the officer may forbid you to drive any motor vehicle for a period (normally between 8 – 12 hours), take all keys to that vehicle, and take the vehicle to another place or immobilise it. If the car cannot be disabled easily, then the car can be impounded for up to 12 hours.
Can I be arrested for dangerous, reckless or drink driving?
If the offence of dangerous driving, reckless driving or drink driving is serious enough, you may be arrested, but this is uncommon. It is more likely that you'll receive a Summons. However, if you don't show up at court on the set date, the court will issue a warrant for your arrest which means that the police can arrest you and keep you in custody until you can be bought before court.
When can I be stopped by an officer and what must I tell them?
An Enforcement Officer can stop you at any time. You must give your name, date of birth and address. If you don’t own the vehicle you must give the name and address of the owner to the best of your knowledge. Other than that you have the right to silence. You can be required to remain stopped for up to 15 minutes for the Officer to establish your identity.
See "When can an Officer search my car?" below for more information on this.
Some reasons a Officer may stop you are to:
- Inspect, test and examine your vehicle or other associated equipment (e.g. trailer); OR
- Examine your vehicle registration or warrant of fitness;
- Breath test you;
- Carry out a lawful search (see below).
When can an Officer search my car?
An Officer can search your car if you agree. He/She can also stop and search your car if he/she has reasonable grounds to believe that you have drugs, or an offensive weapon (e.g. knife or gun). An officer can also stop and search your car if he/she has reasonable grounds to believe that any stolen property or property obtained by a crime involving dishonesty is in the car.
An officer may also search your car if he/she has a search warrant or arrests you and you are with your car at the time. If any search is done without consent the officer must tell you and any other person being searched the Act and section of the law allowing the search to take place.
When stopping a car to carry out a search the officer can require any person in the car to give their name, date of birth and address. If the officer has reasonable grounds to suspect that a person who is unlawfully at large or who has committed a crime punishable by imprisonment, is in your car, the officer can stop your car, require any person in the car to give their name, date of birth and address and search the car for the person, or property that is evidence of the crime.
Some Driving Offences and Maximum Penalties:
* "vehicle" includes a bicycle, moped, motorcycle, skateboard, roller blades and roller skates
** usually you will be issued with a notice to pay the infringement fee instead
OFFENCES - MAXIMUM PENALTIES
Driving without a licence
$1000 fine - $400 infringement fee**
(Your car will be seized and impounded for 28 days – storage and towing fees apply)
Driving without carrying your licence with you
$1000 fine $55 infringement fee**
Breaking the conditions of your graduated drivers licence –
E.g., carrying passengers without a supervisor while on a restricted licence
$1000 fine $400 infringement notice**
Careless or inconsiderate driving of a vehicle* without causing injury or death
ie driving without reasonable consideration for others or not driving with the care and attention that a reasonable and sensible driver would exercise in the circumstances – your driving must suit the weather, any road hazards, road surface, light conditions and what others are doing
$3000 fine (usually $150-$400, plus $130 court costs) and you can be disqualified
Careless or inconsiderate driving of a vehicle* causing death or injury
3 months imprisonment and/or $4500 fine and at least 6 months disqualification
Dangerous driving of a motor vehicle without causing death or injury
i.e. Driving in a way or at a speed which is, or might have been dangerous to anyone – you can be guilty even if there is no-one else on the road, because someone may have come onto the road OR
Reckless driving
i.e. Realising you are driving dangerously but ignoring the effects or risks of continuing to drive like that
3 months imprisonment and/or $4500 fine and at least 6 months disqualification
Driving a motor vehicle while under the influence of alcohol or drugs to such an extent as to be incapable of having proper control of the motor vehicle
For first and second time – 3 months imprisonment and/or $4500 fine and at least 6 months disqualification.
For the third and following times – 2 years imprisonment and/or $6000 fine and at least 12 months disqualification
Driving a motor vehicle with breath or blood alcohol over the legal limit without causing injury or death
If you are under 20 – over 30mg alcohol per 100ml of blood, or over 150mcg alcohol per litre of breath
If you are over 20 – over 80mg alcohol per 100ml of blood, or over 400mcg alcohol per litre of breath
3 months imprisonment and/or $2500 fine and at lease 3 months disqualification
For first and second time: 3 months imprisonment and/or $4500 fine and at least 6 months disqualification.
For third and following times: 2 years imprisonment and/or $6000 fine and at least 12 months disqualification
RECORDING OF DEMERIT POINTS
What are demerit points?
In addition to any penalties incurred if a driver is convicted of an offence, demerit points may also be recorded. Examples of offences that incur demerit points are as follows:
- Person under 20 driving or attempting to drive with excessive breath or blood alcohol concentration.
- Speeding offences registered by a Hawk radar. Offences recorded by speed cameras do not attract demerit points.
- Failure or refusal to co-operate in an alcohol test.
- Careless or inconsiderate use of a motor vehicle.
- Failure to observe give-way rules.
Demerit points are deemed to have effect on and from the date the offence was committed and will last for a period of 2 years before being removed from your records.
What happens if I get demerit points?
If you accumulate 100 or more demerit points within 2 years you will be disqualified from driving for 3 months. Once you have accumulated 50 demerit points, you should receive a letter of warning from the Transport department. Failure to receive this letter may invalidate any suspensions from driving.
If you are disqualified for a period of 3 months or more due to being convicted of an offence, all demerit points entered before that disqualification will be cancelled.
Street/ Drag Racing
What does the law say?
Under the ‘boy racer’ provisions of the Land Transport Act 1998, you are not allowed to:
- Race or drive a car with excessive speed; OR
- Cause a car to lose traction; OR
- Spill (intentionally) petrol, oil or any other substance on to a road that is likely to cause a car to lose traction; OR
- Use a ‘traction’ engine, unless you have the correct qualification to operate a ‘traction’ engine.
What is the penalty?
If a police officer believes on reasonable grounds that you or someone else has used your car for any of these above offences they can impound your car for 28 days.
WRITING A LETTER TO THE COURT OR POLICE ABOUT A TRAFFIC OFFENCE
What sort of things should I put in a letter?
First of all, explain the circumstances that caused you to break the law. Remember this information is important for your case whether you are pleading guilty or not guilty. It will give the duty solicitor or solicitor acting for you your version of what happened. It is also important to give a copy of this to the Judge if you are acting for yourself. Other things that can be mentioned are:
- How long you have been driving;
- If you have never had a ticket before;
- If you have done a Defensive Driving Course;
- If it is your first offence;
- That you have learnt your lesson and you are sorry (if you are pleading guilty);
- If you have been hurt physically;
- That you are suffering financially due to the debt you now have as a result of the accident;
- If no-one else was injured;
- If the weather conditions contributed to the accident.
These kinds of factors are more likely to be mentioned in a letter about a major offence like careless or dangerous driving. But even with a minor offence like having no Registration, there may be a reasonable explanation, which you can give in your letter.
Other helpful hints:
- Quote the number on the Notice or ticket or enclose a photocopy of it with your letter;
- Try to get it typed up, if you can - if not, then write neatly;
- Keep your letter simple and to the point;
- Keep a copy of your letter;
- Write to the address on the bottom of the ticket;
- Address it to "To Whom It May Concern";
- Sign it "Yours Faithfully".
UNDER 17 YEAR OLDS
You aren't treated any differently for minor offences such as having no Warrant of Fitness or speeding. But if you commit a serious offence, the police can send you a Summons to the Youth Court. A Family Group Conference (FGC) will then be held to decide if there's a better way to deal with your offending, or the police can meet with a Youth Justice Co-ordinator to decide whether your case should go to court or can be dealt with in other ways.
What is a Family Group Conference?
A Family Group Conference is a meeting of all the people who are involved in your life, including any victims of your offending to discuss your offending. The purpose of a FGC is to make sure you face up to your offending and take part in the decision about what should be done about it. It is designed to help your family to support you and to divert young people away from the court system.
Everyone present must agree with the FGC decision. If they don't your case will probably go back to the Youth Court to decide what should be done about the offence. The case may also go to court if you deny the offending, as a hearing will need to take place to determine whether or not you are guilty.
What is a Youth Justice Co-ordinator?
A Youth Justice Co-ordinator works for the Children, Young Persons and their Families Agency and their job is to explore ways of dealing with your offending without having to go to court and to organise and run the FGC. The Children, Young Persons and their Families Agency is to become the "Department of Child, Youth and Whanau Services" on 1 October 1999.
HELPFUL CONTACTS
SADD (Students Against Drunk Driving)
PO Box 1, Christchurch
Ph: (03) 374-9218
The Insurance Council
PO Box 474, Wellington
Ph: (04) 472-5230, or 0800 656-516
The Insurance Council has a service which deals with questions about insurance and complaints about insurance companies.
Insurance Ombudsman
PO Box 10845, The Terrace, Wellington
Ph: 0800 888-202
The Insurance Ombudsman hears complaints about insurance companies. However, you must
have at first tried to sort the problem out through the insurance company's complaints procedure.
Also see your telephone directory for your local:
- Citizens Advice Bureau
- Community Law Centre
- New Zealand Automobile Association (AA). This has a legal advice service for members and provides information on Driver Education.
- Driver Licensing Helpdesk Ph: 0800 822422.
- Land Transport Safety Authority. Website www.ltsa.govt.nz
- Police Station - For questions about Driving Licences and Traffic Offence Notices.
Note: This information sheet was produced by YouthLaw Tino Rangatiratanga Taitamariki Inc. and was last updated and reviewed in November 2001. Its contents are true and accurate to the best knowledge of YouthLaw Tino Rangatiratanga Taitamariki Inc. However, YouthLaw Tino Rangatiratanga Taitamariki Inc. assumes no liability for any losses suffered by any person relying directly or indirectly on this information sheet as it is not advice to a particular client. If you want advice, please contact us. ISBN # 0-909004-11-0. The Legal Services Agency provided the funding for the production of this information sheet
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Latest page update: made by YouthLaw
, Oct 3 2011, 11:33 PM EDT
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| Started By | Thread Subject | Replies | Last Post | ||
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| Anonymous | Careless Driving | 2 | Nov 18 2011, 11:33 PM EST by Anonymous | ||
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Thread started: Jun 21 2010, 1:17 AM EDT
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Is there a time frame to be charged with careless driving it has been 16 days with no charge recieved yet?????????/
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| Anonymous | driving without licence | 0 | Nov 10 2011, 1:20 AM EST by Anonymous | ||
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Thread started: Nov 10 2011, 1:20 AM EST
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I know a guy lives in 31Achurchill Ave - Manurewa-Auckland
his name is Ramy , his wife Debbie bought Honda stream car ( red car ) to him , its number is FMF 9 or i think MFM 9 , and she lets him drives it daily from the top address to his work in 9 Pukeiti Road,Otahuhu www.rawnrg.co.nz , without a licence , althought she knows the rules and the penalty for driving without a licence here in nz ..thx |
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| Anonymous | Dangerous Deiving | 0 | Oct 21 2011, 12:12 PM EDT by Anonymous | ||
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Thread started: Oct 21 2011, 12:12 PM EDT
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Hi, I had a motorcycle accident this morning, the car behind me decided to get into my lane and knock me off from the side bars, I was released a few hours ago, Any idea what happens to that driver? cheers
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