Useful information on traffic law in NZ
Our general process with traffic offences:
- After a consultation over the phone or in person, we will discuss your options, go over our costs and develop a tailored strategy for your case.
- Prior to or at your first appointment we would have ideally reviewed the police disclosure documents; regardless, at the initial stage we will analyze these documents with you.
- We will go over the legal/court process and explain to you what we require from you to best help your case.
- We will then explain the likely process, provide advice and discuss your options moving forward. This may include the likely sentence/penalty you would receive, the strength of any defence identified and/or your options for a discharge without conviction.
- When you decide to have us represent you we can arrange a court date to suit you (if required and suitable for the Court.
- After receiving advice, if you decide to plead guilty we can: Change which Court you attend depending on where you live, arrange a more suitable time for your appearance, meet you and get your case heard quickly to avoid any more embarrassment or stress and provide effective, comprehensive written sentencing submissions on your behalf (especially important if you have been convicted of a similar offence).
- The next step is the hearing where we will strive to get you the best possible result through clear, effective and expert representation.
- We can arrange a work licence (limited licence) if you are eligible. That way you will be able to continue to drive and keep you job.
- Our barristers and support team strive to obtain the best possible result for all our clients in every case.
Limited (work) licence
If you have been suspended or disqualified from driving we can work with you to obtain a limited licence. We can advise you if you are eligible to apply and ensure that you get your limited licence granted as quickly as possible. We pride ourselves on ensuring that the licence will be granted in the widest possible terms to ensure you can get back on the road and back to work as soon as possible.
A limited licence is not granted as a right; you must be able to establish and show that hardship will exist if it is not granted. We work with you to ensure all relevant information is provided to the court; so that you can get the licence that suits you rather than a version that is too restrictive for your needs.
In addition to getting the limited licence granted on the terms you need we can also manage the court process so that you can enter a plea at a time suitable to you; if there is a stand down period (as in all drink driving cases) we can work with you to ensure that period happens at a time convenient to your employer or your clients. We have established relationships with both the police and courts all around New Zealand to ensure you control the process.
If you have been suspended or disqualified from driving we can work with you to obtain a limited licence. We can advise you if you are eligible to apply and ensure that you get your limited licence granted as quickly as possible. We pride ourselves on ensuring that the licence will be granted in the widest possible terms to ensure you can get back on the road and back to work as soon as possible.
A limited licence is not granted as a right; you must be able to establish and show that hardship will exist if it is not granted. We work with you to ensure all relevant information is provided to the court; so that you can get the licence that suits you rather than a version that is too restrictive for your needs.
In addition to getting the limited licence granted on the terms you need we can also manage the court process so that you can enter a plea at a time suitable to you; if there is a stand down period (as in all drink driving cases) we can work with you to ensure that period happens at a time convenient to your employer or your clients. We have established relationships with both the police and courts all around New Zealand to ensure you control the process.
How a limited licence works:
A limited licence is a special work licence that enables you to drive for the necessary hours/distances specific for your employment when you have been disqualified or suspended from driving.
The main reasons the courts approve these types of licences is if we provide information that shows that you or another person would or are likely to face extreme hardship if you are not able to drive. Examples include but are not limited to – the use of a vehicle to perform your role, dependant children or family members, medical issues etc.
Step 1) Contact us and we will assist you in filling out the online questionnaire. Each question needs to be answered honestly and thoroughly – the more information we have the quicker we can make the application.
Step 2) Based on the information you provide, our team will be able to confirm whether you are eligible to apply. At this stage we will send you our terms and conditions and you will confirm that you want us to represent you in the application.
Step 3) We will draft the required documents. This includes preparation of the draft order, the application and affidavits in support. These affidavits will need to be sworn by a Justice of the Peace, lawyer or Court Registrar.
Step 4) We will forward the application to the police on your behalf and negotiate over its contents. We are then told if the application is opposed or not by the police. If it is not opposed, the application is filed and the next available hearing date is set. We will appear in court with you for what is usually a short mandatory appearance.
A limited licence is a special work licence that enables you to drive for the necessary hours/distances specific for your employment when you have been disqualified or suspended from driving.
The main reasons the courts approve these types of licences is if we provide information that shows that you or another person would or are likely to face extreme hardship if you are not able to drive. Examples include but are not limited to – the use of a vehicle to perform your role, dependant children or family members, medical issues etc.
Step 1) Contact us and we will assist you in filling out the online questionnaire. Each question needs to be answered honestly and thoroughly – the more information we have the quicker we can make the application.
Step 2) Based on the information you provide, our team will be able to confirm whether you are eligible to apply. At this stage we will send you our terms and conditions and you will confirm that you want us to represent you in the application.
Step 3) We will draft the required documents. This includes preparation of the draft order, the application and affidavits in support. These affidavits will need to be sworn by a Justice of the Peace, lawyer or Court Registrar.
Step 4) We will forward the application to the police on your behalf and negotiate over its contents. We are then told if the application is opposed or not by the police. If it is not opposed, the application is filed and the next available hearing date is set. We will appear in court with you for what is usually a short mandatory appearance.
Time required:
There is a mandatory 28 day stand down period before a limited licence can be obtained from the date the order of disqualification takes effect (sentencing).
Costs:
Every application is different; we can provide you a fixed fee once we know the particulars of your case and the requirements of your limited licence; this would include the mandatory Court filing fee unless noted otherwise.
We pride ourselves on providing expert yet cost-effective representation. Contact us and we can discuss your case and your needs.
There is a mandatory 28 day stand down period before a limited licence can be obtained from the date the order of disqualification takes effect (sentencing).
Costs:
Every application is different; we can provide you a fixed fee once we know the particulars of your case and the requirements of your limited licence; this would include the mandatory Court filing fee unless noted otherwise.
We pride ourselves on providing expert yet cost-effective representation. Contact us and we can discuss your case and your needs.
Other traffic and related criminal offences
For many people we deal with, traffic charges are their first experience with the court system. The process can be a stressful and daunting one especially when faced with a criminal conviction.
It is imperative that you seek legal advice as soon as possible to be aware of the range of options available to you. There may be a defence and/or opportunity to negotiate the charges with the police.
We pride ourselves on providing comprehensive oral and written submissions on your behalf to the court. This helps the Judge determine the circumstances of the offence(s) and your personal circumstances.
If you are convicted, our team can also assist you in applying for:
We deal with many different types of both traffic and criminal charges. The most common traffic related charges we are involved with include the following:
For many people we deal with, traffic charges are their first experience with the court system. The process can be a stressful and daunting one especially when faced with a criminal conviction.
It is imperative that you seek legal advice as soon as possible to be aware of the range of options available to you. There may be a defence and/or opportunity to negotiate the charges with the police.
We pride ourselves on providing comprehensive oral and written submissions on your behalf to the court. This helps the Judge determine the circumstances of the offence(s) and your personal circumstances.
If you are convicted, our team can also assist you in applying for:
- A discharge without conviction (under special circumstances).
- A limited licence.
- Special reasons for the court to not impose a disqualification under s81 of the Land Transport Act 1998.
We deal with many different types of both traffic and criminal charges. The most common traffic related charges we are involved with include the following:
- Careless driving - Careless use of a motor vehicle charges are common. When convicted, if often follows a period of disqualification. Penalties can range from community service and fines to imprisonment if the charge is careless use of a motor vehicle causing a serious injury or death.
- Driving whilst disqualified - To be convicted for driving while disqualified, the police are required to prove that you were driving, that you were previously disqualified and that you knew or ought to know that you were disqualified. Your vehicle will also be impounded for a mandatory period of 28 days.
- Refusing an officer's request for blood
- Driving under the influence of drugs
- Driving whilst incapable
- Dangerous driving - Dangerous driving can carry at least six months’ disqualification from driving and up to 3 months imprisonment. The maximum fine is $4500.
- Reckless driving
- Dangerous driving causing death or injury
- Driving whilst suspended
- Driving contrary to a limited licence
- Sustained loss of traction
- Operating a vehicle in a street race
Contact us for the right advice
We are available for urgent and confidential consultation. Book a consultation with us to clarify your legal situation.