Our criminal lawyers at Caldicott Lawyers are experts in all driving matters and specifically misuse of a motor vehicle.

It is an offence for a person to misuse a motor vehicle. A person misuses a motor vehicle if the person: 

  • races a motor vehicle;
  • operates the vehicle to produce a sustained wheel spin (burn out);
  • causes the engine or tyre to make a noise that is likely to disturb people in the vicinity; or
  • drives a motor vehicle in a park, garden or a road related area causing damage to the surface.

If such conduct is done with the consent of the owner, occupier or person in control of the place, then the misuse of a motor vehicle will not be an offence. 

This offence is contained in section 44B of the Road Traffic Act 1961 (SA). 

Our criminal lawyers at Caldicott Lawyers are experts in all driving matters and specifically misuse of a motor vehicle. 

The maximum penalty for this offence is a fine of $2,500.

However, the Court can also order compensation for any damage caused.

Deciding whether or not to plead guilty to misuse of a motor vehicle has important implications and should be made after proper discussions with a criminal lawyer.

If you do decide to plead guilty to a driving offence of misuse of a motor vehicle we can assist you to get the best result possible.

Our team of specialist criminal lawyers have extensive criminal law experience and know the best way to present your case before each of the Magistrates in the State. The results they obtain speak for themselves.

Call 08 8120 3783 to make an appointment with one of the knowledgeable lawyers at Caldicott Lawyers for assistance with your driving matter.

You weren’t driving

In some cases the wrong person is charged with an offence. There are a variety of ways in which this can occur. It may be that there was an administrative error on the prosecution’s behalf or perhaps the offender was carrying your identification that they presented to police. It is a complete defence to this charge if it can be shown that you were not driving the vehicle.

You had the property owner’s consent

Under section 44B(2) of the Road Traffic Act 1961, any of the aforementioned activities, taking place with the consent of the owner or occupier of the property at which they occur will not be subject to a charge under this legislation.

You weren’t driving in the manner alleged

If it can be shown that you were not engaging in any of the conduct defined by the legislation as misuse of your vehicle you may have a defence to this charge.

You did not intend to drive in the manner alleged

If it can be shown that you unintentionally engaged in any of the conduct defined by the legislation as misuse of your vehicle (e.g. accidental wheel spin) you may have a defence to this charge.

The Prosecution must prove that:

  1. you were driving a motor vehicle;
  2. you drove in one of the above ways; and
  3. you intended to drive in that way.

This matter will be dealt with in the Magistrates Court of South Australia.

Come and see the helpful team at Caldicott Lawyers for assistance with your driving matter.