What Are The Potential Defences For Highway Traffic Offences?
There are various defences available in cases involving Highway Traffic Act charges, including, but not limited to:
- Factual Innocence: Where the Crown is unable to prove the elements of the offence beyond a reasonable doubt;
- Due Diligence (i.e. in a careless driving case);
- Necessity;
- No Knowledge (i.e. in a fail to remain case);
- Reasonable Excuse (i.e. due to a medical emergency);
- Technical errors in the offence notice (which the court can rectify).
