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Traffic Offender Program
Traffic Education and Your Traffic Matter
What is the traffic offenders program?
The law states that when there is evidence that a traffic offender has undertaken a traffic education program that shows they are unlikely to reoffend, this may be taken into account at sentencing by reducing the period of disqualification and/or the fine.
Our solicitors can recommend traffic offender programs that are respected by the Courts. This will help your case by proving to the Court that you have understood the serious consequences of traffic offending and are remorseful about your behaviour.
It helps demonstrate you have developed driving skills as well as a positive and responsible attitude towards driving.
Our solicitors will register you into the appropriate traffic offenders program free of charge. We can advise you where the closest and earliest starting program is.
TOIP is not available or suitable for everyone. According to the New South Wales Local Court, The TOIP is “available to offenders charged under the road transport legislation under the Road Transport Act 2005” and only applies to cases involving summary offences. However, Judges and Magistrates are increasingly open to the benefits of the Traffic Offenders Program for a variety of traffic related court matters, including licence appeals and drug driving cases.
Offenders may choose a course provider (the Police Citizens Youth Club (PCYC) maintains a list of them).
In some circumstances, Magistrates may finalise the case prior to completion of the program, on the undertaking by the defendant that he/she will complete the program in the following weeks.
What does the traffic offenders program involve?
There has now been the introduction of the “One Day Traffic Offender’s Program”, which is a condensed form of the 6-8 week course.
In NSW we recommend the Traffic Offender Intervention Program organised by the PCYC. This program is regulated under NSW law and is respected by the Courts. It is offered throughout the state and involves attending sessions over 6 to 8 weeks.
The following topics are included in the course:
The Benefits of Traffic Offender Intervention Program
TOIP provides a practical alternative for adjudicating traffic offences while rehabilitating the offenders. Ideally, successful completion of a TOIP course makes the roads safer for everyone. A large part of the process is giving offenders a better appreciation of how reckless driving affects all drivers. An added benefit is the availability of a one-day format. TOIP guidelines suggest courses include up to 10 sessions, with each running between 60 and 120 minutes. Normally that might stretch out the course over several weeks. A one-day course means less of an impact on work and personal schedules.
TOIP and Section 10
In traffic cases, completing a TOIP course is usually the necessary step in keeping a driving offence off a permanent record. A clean record with no convictions means fewer complications with future traveling, job seeking and other matters.
How to find the closest PCYC and enrol?
You can speak to one of our solicitors who can help you make these arrangements, or call the PCYC on 9625 9111.
How much will it cost?
The program currently costs $145.00.
Case Study - Mid Range Drink Driving – Section 10 - Primary Carer of Ill Mother
Our client had completed the traffic offender’s program and was appealing his licence disqualification. He was clocked doing 30 km/per hour over the speed limit.
In order to prepare this case, Maria looked at the subjective and objective materials. It would take our client a substantially longer time to find employment without a licence, and public transport was not suitable.
In order to prove that public transport was unsuitable, Maria provided a timetable for trains and buses outlining the amount of time it would take. Maria also submitted references from his employer and family members, along with evidence of completing the traffic offenders program.
The case went before Magistrate Giles at Bankstown Local Court where she dismissed the matter and our client was no longer suspended from driving.
Case Study - Traffic Offenders Program – Section 10 – Low Range Drink Driving.
Our client was charged with a Mid Range PCA driving offence. Her blood alcohol concentration was 0.095. This offence carries heavy fines, an automatic period of disqualification for 12 months and a possible prison sentence.
It was essential for our client to keep her licence as she had three children in school and needed to drive them a considerable distance to school from her home.
She was also the sole carer of her mother who suffered from bipolar disorder. Her mother was heavily reliant upon our client to take her to medical appointments and treatment for her illness.
We advised our client that attending the Traffic Offenders Program would greatly assist her case, which she attended to diligently.
In May 2013 our client came before Magistrate Scherr at Burwood Local Court. Our solicitors submitted to the Court details of our client’s circumstances and evidence that she had completed the Traffic Offenders Program.
Our client received a Section 10(1)(b) bond for a period of 6 months. This meant that our client could continue driving without a penalty or a criminal record and did not receive any disqualification for committing the offence.
It also meant that our client’s criminal and traffic record remained clean. An excellent result for our client.
Our client was charged with a Low Range PCA. His blood alcohol concentration was 0.075, falling just under the Mid Range limit of 0.08. Our client faced a possible criminal record, heavy fines and an automatic period of disqualification for 6 months.
Our client had a mortgage and worked as a sales representative for IBM where he is required to travel independently as a condition of his employment. He had a good driving record, this being his first major traffic offence.
He completed the Traffic Offenders Program with outstanding completion of his written assignments.
In late 2012 we appeared before Magistrate Spence at Fairfield Local Court. His Honour described our client’s participation and assignments in the Traffic Offenders Program as “Excellent”.
After careful persuasion, his Honour reluctantly ordered a Section 10(1)(b) bond for a period of 12 months.
Our client continues to work as a sales representative, without a penalty or criminal record.
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