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[VIC] Section 10 pertaining to traffic

Discussion in 'Politics, Laws, Government & Insurance' started by sharkuss, Dec 24, 2008.

  1. Is a section 10 application available under Vic traffic laws ? Google only showing links to NSW so far, am still searching.

  2. if you would care to explain what a section 10 pertaining to traffic is all about, maybe more people could help you...?
  3. http://www.austlii.edu.au/au/legis/nsw/consol_act/cpa1999278/s10.html

    Can be applies to traffic also aside from its obvious inference to criminal charges. Basically in the case of traffic, the original charge/infringment will still be listed on relevant records but if your application under section 10 is successful said infringements will be shown as "No conviction recorded"
  4. See Section 70 in Divison 5 on page 173 of Sentencing Act 1991.


    It may help.
  5. They work for everything except mandatory speeding (and other non-criminal traffic infringements) suspensions. Basically, a DUI can get a section 10 or equivalent, but 5kms over, and stiff shit. Trust me, been there, tried that.
  6. @ Day ta for the link

    @ Joel yeah it's tough on simple infringements, you're advice is noted ..... but i've got a precedent :wink:
  7. Let us know how you go :)
  8. Firstly NSW legislation does not apply in Vic (and vice versa).
    State based legislation is just that.

    I'm still a little confused as to "what" the whole thread is about, but, as stated earlier this (s70) gives a court the option of applying a range of options to each different case.
    (Lawyers use it all the time).

    As also stated it does not apply where the penalty for an offence is mandatory.

    In these cases you have to try to have the charge itself thrown out or a not guilty result recorded.

    (Thats where a good lawyer earns his $$)... :grin: