A driving offence occurs when someone driving a vehicle, or someone in a vehicle, breaks a law. A driver includes a rider, for example a person riding a motorbike or bicycle.
For some driving offences, the driving needs to have taken place on a 'road or road related area'. A road or road related area is more than just a public road, it includes:
• a public street
• the area that divides a road
• a footpath or nature strip next to a road
• a public area designed for cyclists or animals
• a public area that is not a road, but is open for the use of the public to drive, ride or park vehicles.
Some common examples of a legal excuse or justification for your actions include:
• accident - that the driving offence was the result of an accident and you didn't mean to do it.
• reasonable efforts - that you did all that you could to avoid committing the offence.
• honest and reasonable mistake of fact - that you mistakenly believed that you were not committing an offence.
• necessity or duress - you had to drive because it was an emergency situation, or someone was forcing you.
Working out whether you have a defence to a driving charge can be very difficult. You should get legal advice about the circumstances of your case as soon as you can.
博通在澳洲悉尼的刑法刑事辩护律师在处理驾驶罪行方面经验丰富。我们可以协助您就您的驾驶指控提供专业的法律建议。
来源：新南威尔士州法律援助机构
