Traffic offences
Adelaide traffic lawyers with expert skills and a reputation for outstanding results
Traffic offences are governed by specific laws, but they’re also regarded as criminal offences.
It’s possible to defend traffic charges successfully, but mostly, this is because of technicalities; for example, a speed gun wasn’t set up or tested according to legal procedures. It’s much harder to defend a traffic charge on the basis that you didn’t commit the offence. Traffic Law is a technical and complex area, so defending a traffic charge requires detailed and highly skilled legal knowledge and experience.
If you’re charged with a traffic offence and facing penalties such as loss of your driver’s licence or a prison term, it’s critical to get legal help as soon as possible. We’re Adelaide’s expert traffic lawyers with an outstanding success rate in defending traffic charges. Contact us to learn more about how we can help you.
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Frequently asked questions about traffic offences
What are evidentiary aids and how are they used in traffic offences?
Many traffic offences, such as drink driving and speeding, differ from other crimes because the prosecution can rely on “evidentiary aids.”
Evidentiary aids are certificates that can be used as proof of specific facts. For example, in drink driving charges, police can sign a certificate that says the breath testing device was working properly and was used correctly. This allows the Court to presume that the device was working properly and used correctly.
Then, it’s up to the defendant to prove otherwise, which is often difficult, complex and costly for the defendant.
Need help from expert traffic lawyers? Get in touch.
What are my options when charged with a traffic offence?
If you choose to defend a traffic law charge, you’re probably trying to keep your driver’s licence.
You have options such as pleading guilty and applying for a reduction of demerit points. But often, the only way to keep your licence is to plead not guilty and be acquitted of the charges.
Most traffic charges are successfully defended on legal technicalities, such as:
- Challenging the certificates, or
- Knowing when the prosecution hasn’t proved an element of the offence.
So, if you need to keep your licence, seek help from a lawyer who knows the technicalities of traffic law and can analyse your case to understand your chances of success.
We’re expert traffic lawyers with an excellent track record for successful results. Get in touch.
What are some examples of Stanley Hill Elkins’ successes in defending traffic law charges?
Over the years, we’ve successfully defended many traffic charges for our clients. Some cases have been so significant that they’ve resulted in changes to South Australian traffic laws or police procedures.
Here are some of our successful cases.
In this 2016 case, Karen Stanley successfully challenged the prosecution’s certificate that was used in speeding charges.
The South Australian Supreme Court found the prosecution couldn’t prove the speed gun was accurate to the extent stated in the certificate. This meant that it couldn’t prove the charges. Karen’s client was acquitted (found not guilty) of the speeding charges.
Although the police released a statement saying the decision was “unusual” and wouldn’t create a legal precedent, we have since secured acquittals for other clients using the same defence, including several judgments in 2018.
This case followed the Butcher decision. The Supreme Court found that current South Australian speeding laws and procedures couldn’t prove the accuracy of speed detection devices.
As a result, the laws changed in an attempt to overcome the problems identified by the Supreme Court. (This change wasn’t successful, as highlighted in our 2024 case of Zefi v Police. This case showed that the amendments created further issues in the prosecution’s ability to prove the accuracy of speed detection devices.
In this 2020 case, we used arguments like those in the Butcher and Hanton cases.
The Supreme Court found that the prosecution couldn’t prove the accuracy of red light cameras, so the police changed its testing procedures for these cameras.
Freeway speeding cases
In 2021, we represented several clients charged with heavy vehicle speeding offences on Adelaide’s South Eastern Freeway.
The laws were new, overly punitive and poorly publicised, and several truck and bus drivers lost their licences for exceeding the Freeway speed limits.
Following the introduction of the new laws and up until 2023 we challenged the prosecution’s evidentiary aids and succeeded in two significant ways:
- All charges against our clients were withdrawn, and
- All charges were withdrawn for every defendant charged with this offence, including defendants not represented by us.
This was such a significant result that the story was widely publicised in South Australian media.
After a two-year break, the police recommenced issuing these fines in .
Again, we continue to successfully defend clients who take these fines to Court.
Our success in these cases comes from our extensive knowledge of traffic laws, our deep understanding of the technical aspects of devices such as speed guns, and our commitment to our clients. Few lawyers have such skills and knowledge because they take years to acquire and are developed through significant focus and dedication to traffic law.
We’re expert traffic lawyers with an excellent track record for successful results. Get in touch.
Take a look at the media coverage of some of our traffic law cases
How we can help
We know traffic law. Pure and simple.
We understand the requirements for valid expiation notices and charges. We also know what issues will make the charges invalid. Our knowledge of traffic laws is deep, and we understand precisely what prosecution must prove for a conviction.
There’s an intersection between the law and the scientific principles behind police devices, and we have an excellent understanding of both. It helps us secure outstanding results for our clients.
So, when you choose us, you choose an established track record.
Importantly, we know when the prosecution can’t prove an element of the offence, so we can give you straightforward, honest and early advice about your chances of success.
If no defences are available, we’ll give you all your options and help you work out the best approach, for example, structuring a plea to minimise licence disqualification or negotiating with the prosecution for a lesser penalty.
We’ll also help you weigh up the legal costs of defending charges against the financial impact of a licence disqualification.
We’re Adelaide’s leading traffic lawyers, ready to guide you through traffic charges. Get the right advice the first time: contact us to learn more about our services.