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Is a speeding offence deemed to be a criminal offence in WA?

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  • Is a speeding offence deemed to be a criminal offence in WA?

    Please can someone answer this, I have just been asked the question and dont know the answer.
    Many thanks.
    If at first you don't succeed, dont bother taking up sky diving.
    This unit is portable when carried.
    it wasn't a normal cookie, i figured that out 45 minutes into my exam.

  • #2
    Yeah.

    Who's asking?
    Originally posted by Melkor
    The Saint is all over the answer like a Saint on a cupcake.

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    • #3
      Well if you go get a police clearance certificate, traffic infringements dont show up, but if you are convicted by a court for a traffic matter then it does.

      I have never contested a fine in court, but i think if you dont win your conest then it becomes a traffic conviction too.

      So if you just get a ticket, suck it in and pay it, then no its not recorded as a criminal offence.
      Charges laid in court, ie reckless, hoon, dangerous, careless, yes, show up.
      When the only tool you have is a hammer, every thing starts to look like a nail

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      • #4
        No - although going 45km/hr over the limit means you get done for reckless driving / dangerous driving (one or the other) which are both criminal offences. So it can lead to a criminal charge. Pretty sure thats teh way it goes - although if I am wrong I am sure someone will correct me.

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        • #5
          Originally posted by ThirstyAs View Post
          Well if you go get a police clearance certificate, traffic infringements dont show up, but if you are convicted by a court for a traffic matter then it does.

          I have never contested a fine in court, but i think if you dont win your conest then it becomes a traffic conviction too.

          So if you just get a ticket, suck it in and pay it, then no its not recorded as a criminal offence.
          Charges laid in court, ie reckless, hoon, dangerous, careless, yes, show up.
          careless driving as an infringement doesn't show up either, i got one for a traffic accident in the truck hit them from behind so legally my fault but i had a good case for their dangerous driving being the cause, but was given advice along the lines of what you're saying, pretty good incentive to stay out of court.
          Do you remember the good old days before the internet?

          when arguments were only entered into by the physically or intellectually able.

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          • #6
            So if you changed your plea to guilty in a court for reckless, it would be recorded as a criminal offence? Rather than a traffic record.
            Originally posted by Abuse this
            Get a load of this pussy, he wouldn't travel back in time to murder a baby.

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            • #7
              Originally posted by The Saint View Post
              Yeah.

              Who's asking?
              Hey Tim,

              One of the guys here at work is just applying for a visa to the USA, and one of the questions on the form is asking if he has a criminal conviction against him, he has been done for several speeding and minor traffic offences, but niether of us knew if these were treated as criminal offences,
              If at first you don't succeed, dont bother taking up sky diving.
              This unit is portable when carried.
              it wasn't a normal cookie, i figured that out 45 minutes into my exam.

              Comment


              • #8
                PM coming your way.
                Originally posted by Melkor
                The Saint is all over the answer like a Saint on a cupcake.

                Comment


                • #9
                  Originally posted by mekon View Post
                  So if you changed your plea to guilty in a court for reckless, it would be recorded as a criminal offence? Rather than a traffic record.
                  Reckless is done through a court either way, if you admit it straight up or not. Magistrate has to determine your punishment. Its 6 months min disqualification, but if you were being truly idiotic/dangerous rather than just plain naughty, they have to decide if they extend the disqualification.

                  So either way its a traffic conviction. Now whether this translates to a criminal conviction as far as the visa application question is concerned i am unsure.
                  Above like the army, probably best to be upfront about it, and when they go through your application they may simply disregard as unsubstantial etc
                  When the only tool you have is a hammer, every thing starts to look like a nail

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                  • #10
                    friend of mine was refused entry/visa for entry to the US on a driving conviction i think it was reckless driving, keeping in mind it was 10+ years ago so details are hazy, but from memory he got lucky with a loophole that his offence at 19 years old would have been treated as a juvenile conviction in the US.

                    They have a different system to us though with the delineation between felony and misdemeanor charges if the record would be a felony in the US chances of a visa are slim to none, but for misdemeanor you could have someone argue your case for you.
                    Do you remember the good old days before the internet?

                    when arguments were only entered into by the physically or intellectually able.

                    Comment


                    • #11
                      Originally posted by The Saint View Post
                      PM coming your way.
                      Tim, thank you for the PM I have sent you a response, much appreciated, and thank you all for your help.

                      Best regards,

                      Chris.
                      If at first you don't succeed, dont bother taking up sky diving.
                      This unit is portable when carried.
                      it wasn't a normal cookie, i figured that out 45 minutes into my exam.

                      Comment


                      • #12
                        Oi, sainty, share with us.

                        I was under the impression that infringements against the Road Traffic Code were just that: infringements, whilst offences against the Road Traffic Act ended up on your record...
                        "Once upon a time we would obey in public, but in private we would be cynical; today, we announce cynicism, but in private we obey."

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                        • #13
                          I think this is a good start for those who want to know

                          Criminal offence descriptions | Western Australia Police
                          spudda : Got mine in my hot little hands today barfy. Your a gem!

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                          • #14
                            Don't know how true this is but I was told you can apply to have reckless drivig scrubbed of your record after 10 years for a small fee.

                            MM

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                            • #15
                              yes you can have the conviction spent after 10 years

                              Spent Conviction Applications
                              Having a conviction declared spent effectively limits the disclosure of that conviction. For example, a conviction which has been spent is not listed on a National Police Certificate. However, certain government departments, licensing bodies as well as the Police and Courts of Law have exemptions under the Spent Convictions Act 1988 and have access to convictions that have been spent.

                              WA Police can only spend a lesser conviction heard in a WA Court. A lesser conviction is one for which a fine of $15, 000 or less or a term of imprisonment not more than 12 months was imposed.

                              For a conviction to be eligible to be declared spent the conviction in question must be over 10 years old. In addition, the most recent conviction (which includes traffic and interstate matters) must be over ten years old or have a fine of less than $500.
                              When the only tool you have is a hammer, every thing starts to look like a nail

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