To establish the offence, the prosecution must prove beyond reasonable doubt that:
If it is your first major traffic offence in the last 5 years the maximum penalty is a fine issued by the police or RMS or, if the case is decided in court, a fine of $2,200.
If it is your second or more major traffic offence in the past 5 years the maximum penalty is:
However, there will be no criminal record, licence disqualification or fine where the court deals with you by way of:
The main defence to the charge is that you made an honest and reasonable mistake about the fact that:
Other defences to the charge include:
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