HOON DRIVING
Hoon offences are described in section 84C of the Road Safety Act as Tier 1 or Tier 2 offences, as:
Tier 1:
a) A first offence of:
- Excessive speed – either at 70kph over the limit or 170kph in a 110kph zone
- Dangerous or negligent driving while pursued by police
b) A second or subsequent offence of:
- Driving while suspended/disqualified
- Unlicenced driving
- Drink driving
- Drug driving
Tier 2:
- Dangerous driving involving: improper use of a motor vehicle, or at a speed of 45kph or more over the limit but less than 70kph over that limit; or at a speed of 145km or more (but under 170kph) in a 110kph zone
- Driving a heavy vehicle at 45 kph or more over the limit but less than 70 kph over the limit; or at a speed of 145kph over the limit (but under 170kph) in a 110kph zone
- Driving a motor vehicle when directed to stop
- Careless driving involving improper use of vehicle
- Improper use of vehicle (loss of traction)
- Making unnecessary noise or smoke or failing to have proper control of vehicle in circumstances involving improper use of vehicle
- Race or speed trials
- Deliberately or recklessly entering a level crossing when a train or tram is approaching etc
- Driving with excessive passengers in the car; with passengers who are inappropriately seated; or with passengers who are not wearing seat belts.
POLICE POWERS UNDER THE HOON LAWS:
The police have the power to seize, impound or immobilise a motor vehicle they believe was driven in the commission of any of the above Tier 1 or Tier 2 offences, even if the driver of the vehicle at the time is not the registered owner.
Our criminal lawyers can take immediate action to have the decision to impound your vehicle reviewed by the police, or we can appeal the decision to the Magistrates’ Court on specific grounds.
If you are charged with a Tier 1 or Tier 2 offence and the matter is brought to court, depending on the circumstances, the police can apply to the court to have the vehicle impounded for a further period, or even forfeited or crushed – even if the vehicle in question is not owned by the driver. To avoid this from happening you need lawyers that you can trust, who understand the law and your rights and the rights of 3rd parties and who know what the prosecution are required to do in order to be successful in their application. This is why it is critical that you contact the experienced lawyers at Ondrik Larsen Lawyers – because we understand the law and we will protect your rights.
If you have been spoken to by police about a driving matter, click here for information about what to do next.
