Individuals who pleaded guilty for a traffic offense may be discharge from conviction under Section 10 of the Crimes (Sentencing Procedure) Act 1999.
Normally a person who commits traffic offense faces certain consequences, such as revocation of license, imprisonment, or fines. In an instance where a person can convince the court to grant him with Section 10, the court will not record any conviction. In effect, there would be no loss of license and penalty but the offender may be dealt with under the conditions of the said section.
Under Section 10, there are three ways on which a person may be dismissed from criminal charges. First, a person may be dismissed from the offense if the offender can prove reasonable mistake, which may take effect as soon as the person walks out of the court room. Second, a person may be dismissed but will have to observe right conduct and good bond with the court for 2 years. Third, a person may be dismissed but will have to undergo and complete an intervention program like the Traffic Offenders Program.
The court does not easily grant Section 10. Traffic offenders will have to convince the court through a clean traffic record and exceptional nature of the circumstance and offense. The court will also look at different factors that are relevant to the offense committed, such as age, health, and other psychological factors affecting you while driving the vehicle. People who have bad traffic records can also be dismissed from criminal charges under Section 10, depending on the judgment of the court.
Section 10 is made to favor the offender in a just and fair manner. If you have been charged of a certain traffic offense and would like to beg the court to discharge you under Section 10, do not hesitate to contact a traffic lawyer.
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.