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).


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