A driving offence occurs when someone driving a vehicle, or someone in a vehicle, breaks a law. A driver includes a rider, for example a person riding a motorbike or bicycle.<\/p>\n\n\n\n
For some driving offences, the driving needs to have taken place on a 'road or road related area'. A road or road related area is more than just a public road, it includes:<\/p>\n\n\n\n
\u2022 a public street<\/p>\n\n\n\n
\u2022 the area that divides a road<\/p>\n\n\n\n
\u2022 a footpath or nature strip next to a road<\/p>\n\n\n\n
\u2022 a public area designed for cyclists or animals<\/p>\n\n\n\n
\u2022 a public area that is not a road, but is open for the use of the public to drive, ride or park vehicles.<\/p>\n\n\n\n
Some common examples of a legal excuse or justification for your actions include:<\/p>\n\n\n\n
\u2022 accident - that the driving offence was the result of an accident and you didn't mean to do it.<\/p>\n\n\n\n
\u2022 reasonable efforts\u202f- that you did all that you could to avoid committing the offence.<\/p>\n\n\n\n
\u2022 honest and reasonable mistake of fact\u202f- that you mistakenly believed that you were not committing an offence.<\/p>\n\n\n\n
\u2022 necessity or duress - you had to drive because it was an emergency situation, or someone was forcing you.<\/p>\n\n\n\n
Working out whether you have a defence to a driving charge can be very difficult. You should get legal advice about the circumstances of your case as soon as you can.<\/p>\n\n\n\n
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