Electing to have a traffic offence to be decided by the court which is in the criminal jurisdiction is known as a ‘Court Election.’ Once a person ‘elects’ to have their matter heard in court, the person must either enter a plea of guilty or enter a plea of not guilty.
It is also critical to note that ANY conviction which (may) be imposed by the court after a person has elected to have their matter heard in court will be recorded as a criminal conviction.
Why do people Elect to ‘Go To Court’?
People often choose to take a traffic offence to court in circumstances where the person wants to avoid a licence suspension, so this is particularly in circumstances where they have exceeded the demerit point limit or in circumstances where they are breaching their good behaviour licence which was imposed by the Transport for NSW.
If the Court decides to deal with a matter by way of a ‘section 10(1)’ (Dismissal) or alternatively by way of a ‘Conditional Release Order without recording of a Conviction’ then there will be no demerit points incurred.
Any individual who is considering electing to take a matter to court for any offence should be very cautious and it is strongly advised to seek legal advice prior to electing to take a matter to court and this is because ‘non conviction’ type orders which are granted simply to avoid the operation of the demerit point system are considered as improper by NSW courts.
It is very important that you speak with a lawyer so that you can get the appropriate legal advice which you require prior to going to court.
Our team of experienced solicitors are there for you and can help you answer all your questions, so be sure to contact Nicopoulos Sabbagh Lawyers.
*This article correctly reflects the Laws of NSW as at 19th October 2022.
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