- $2,500 fine
- You weren’t driving
- You had the property owner’s consent
- You weren’t driving in the manner alleged
- You did not intend to drive in the manner alleged
It is an offence for a person to misuse a motor vehicle. A person misuses a motor vehicle if the person:
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.
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.
The maximum penalty for a basic offence is 3 years imprisonment.
The maximum penalty for an aggravated offence is 5 years imprisonment.
An offence is aggravated if you:
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.
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.
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.
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.
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.
If you find yourself in the unfavourable position of not only having been found guilty of an offence, but also having been sentenced to a term of imprisonment, we may be able to obtain a suspended sentence on your behalf under section 38 of the Criminal Law (Sentencing) Act 1988. If you receive a suspended sentence, you will be required to enter into a good behaviour bond and to comply with any other conditions the Court sees fit to impose.
In previous cases, the solicitors at Caldicott Lawyers have negotiated with prosecutors to have the charge of causing death by dangerous driving reduced to lesser charges, which did not result in imprisonment or driver’s licence disqualification.
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.
We have defended thousands of criminal cases over many decades and constantly achieve outstanding results for our clients. Please view our results by clicking the cases below:
Call us on (08) 8110 7900 to make an appointment with one of the knowledgeable lawyers for assistance with your matter.