Losing demerit points due to driver distraction can put you at risk of losing your drivers licence. Here are your options.
Driver distraction is a major contributor to deaths and serious injury on SA roads. In an Australian Road Safety Foundation survey, a whopping 79 per cent of Australian motorists admitted to general risky behaviour. SA police figures show that between 2015 and 2019 43 per cent of fatalities and 48 per cent of serious injuries were attributed to distraction. So far, 24 lives have been lost on SA roads in 2020 (08 Aug) due to driver distraction.
Some of the traffic offences which can result from driver distraction include:
- Proceeding through a red traffic light;
- Using your mobile phone whilst driving;
- Failing to give way;
- Failing to wear a seat belt;
- Driving without due care; and
- Failure to drive within white lines/lanes.
Despite the obvious dangers, a third of SA drivers surveyed admitted to regularly using their mobile phones in the illegal hand-held mode. SA drivers caught using a mobile phone while their vehicle is
either moving or stationary in traffic (for example, waiting at traffic lights) will be issued with a $544 fine, as well as a loss of 3 demerit points.
Drivers in receipt of a traffic infringement notice may wish to challenge their fine. Your options are either to defend the matter if your lawyer can identify a defence, or you can apply for a reduction of the demerit points if your offending was trifling in nature, or other proper cause exists relating to your driving behaviour.
Either way, it is important not to pay the fine, for even if you are guilty, once your fine is paid you will automatically lose the demerit points that we could otherwise have reduced to avoid a Notice of Disqualification issued by the Department of Transport and Infrastructure.
At your earliest opportunity, contact a Scammell & Co. traffic offence lawyer to discuss your options.
For further information about our traffic and driving offence services please click here.
*This information is current at the time of publication. For accurate legal advice, please contact Scammell & Co on 08 8440 270.
Impacted by an Adelaide infrastructure project? Get fair compensation.
Scammell & Co are assisting Adelaide property owners and businesses who find themselves at a stalemate with the DPTI over compensation
The Government of South Australia has announced $12.9 billion worth of infrastructure spending on major projects across the state over the next four years. Such projects are crucial in meeting the future needs of the state’s growing population, providing economic stimulus - including much needed job opportunities during the planning and construction phases and ultimately making the city’s roads safer and more efficient for all users. Unfortunately, they also come at a cost to existing property owners and businesses - forced to make way for such projects.
Current projects either in the planning or construction stage include:
From the list above, two examples of road projects causing significant stress and anxiety for property owners and businesses include:
- the Portrush and Magill Roads intersection upgrade – with up to 47 existing homes, units and commercial buildings slated for demolition or partial acquisition; and
- the Princes Highway and Woodside Road intersection upgrade – with 9 properties subject to whole or partial acquisition.
Some of the residents and business owners affected by these projects claim that up until now there has been poor communication from the Department of Planning, Transport and Infrastructure (DPTI) - with little to no community consultation. Issues around the loss of local amenity and the fact that there has been a disregard for buildings or other structures of historical significance is adding to people’s concerns over the projects. Furthermore, those affected claim negotiations currently underway regarding financial compensation have been woefully inadequate.
Government SA - Department of Planning, Transport & Infrastructure draft proposal - Portrush and Magill Roads intersection upgrade.
Compensation is based on fair market value of the property to be acquired. Other factors considered when determining compensation may include any loss to the remaining land caused by partial acquisition; any loss due to disturbance; and special value including any business based issues. Reasonable costs such as valuation fees, legal expenses and conveyancing related to the acquisition should also be reimbursed.
If affected parties object to the purchase, there are established procedures for appeal to the Courts, which may include an objection or alteration to the acquisition. This review may or may not be successful.
Scammell & Co. Solicitors are one of South Australia’s leading property law firms and have extensive experience in property acquisitions. We provide independent legal advice to ensure the rights of property owners, businesses and tenants are not diminished, and they get the compensation they are entitled to.
If you would like to discuss your unique circumstances, please contact us today for a confidential and obligation-free initial consultation on (08) 84474466.
For further information please visit our Compulsory Acquisitions page.
*This information is current at the time of publication. For accurate legal advice, please contact Scammell & Co on 08 8440 270.