Traffic Law

Auckland barrister Tony Beach has conducted many traffic cases, while employed as a lawyer for a government agency and subsequently in private practice.  


Reckless, dangerous or careless driving

These charges arise under the Land Transport Act.  They relate to the manner of driving, from the lower culpability - carelessness - which requires the prosecution to prove that the driver drove without the care and attention of a reasonably prudent driver in all the circumstances - to the more serious allegation of recklessness - where the prosecution must prove not only the dangerous manner of driving but that the driver was aware of the dangerous manner and continued to act despite knowledge of the possible consequences.

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Driving while disqualified, Drink driving charges

To prove the charge of driving while disqualified the prosecution must prove that the driver knew of the disqualification, which will normally be assumed unless there is evidence suggesting otherwise.  What this means is that if the driver can show that he or she believed the disqualification had finished there may be a defence to the charge.  Drink driving charges raise a number of issues and it is important that all aspects are considered carefully.

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Representing COMMERCIAL DRIVERS SUCH AS taxi drivers
in their dealings with Land Transport New Zealand

Commercial drivers are subject to a number of provisions of transport legislation.  That can mean that a driver's livelihood can be at risk where there is an allegation of non-compliance.  Submissions can be made prior to any enforcement action; if enforcement action is taken by Land Transport then court proceedings can be initiated.    

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Traffic Law Defences