Published 11 Dec 2011
Case Study – Criminal Defence Lawyers Sydney and Parramatta Offices - Traffic offence – Traffic Matter – Negligent Driving – not guilty plea – defended hearing – Liverpool Local Court - Not Guilty
Nyman Gibson Stewart Criminal Lawyers
Liverpool Local Court
Represented by Solicitor: Christopher Yee
Facts: Our client was pulled over by police and later charged with the offence of Negligent Driving. The police allege that our client changed lanes repeatedly through traffic in an aggressive manner, used a turning bay to overtake vehicles and drove away from police at speed. It was also alleged that he performed a ‘burnout’ when leaving a set of traffic lights. The police questioned our client aggressively when stopped and later served him with a Court Attendance Notice. Our client maintained that he was not driving aggressively, but was anticipating traffic blockages and moving between lanes to avoid congestion. He also stated that he did not do a ‘burnout’ but that the wheels chirped on the road surface when he started driving. This was purely an accident and was due to the powerful nature of the vehicle.
Result: Mr Yee appeared at Liverpool Local Court in a defended hearing. During the hearing, two police officers gave evidence about the conduct of our client. Mr Yee cross examined both witnesses. Both witnesses agreed that the actions of our client had not caused any disruption or danger to other motorists on the road. Under questioning, they conceded that our client used his indicator, allowed sufficient space for other vehicles, and had not crossed any unbroken lines on the road.
In summing up, Mr Yee submitted to the court that there was nothing in our client’s actions that could establish the charge of negligent driving. Using the evidence and concessions made by the police officers, Mr Yee argued that his client had been driving in a prudent and safe manner. Following a lengthy interaction with the presiding magistrate, His Honour held that he was not satisfied that the driving conduct was negligent.
The magistrate found our client Not Guilty. It was a significant victory for the client, who believed that the charge was inherently unfair.
Like all of our criminal defence team, Christopher can be contacted 24/7 for urgent legal advice. Christopher works from our Parramatta office.