Speak to a Melbourne Criminal Lawyer. Call 1300 331 331

Tampering or Interfering With Motor Vehicle Without Just Cause or Excuse

Driving – Other Traffic Offences – VIC

Welcome to the VIC Tampering or interfering with motor vehicle without just cause or excuse article page. Everything you need to know about Tampering or interfering with motor vehicle without just cause or excuse according to VIC law.

What the Law States according to VIC Law for Tampering or interfering with motor vehicle without just cause or excuse

According to VIC Law for the charge of Tampering or interfering with motor vehicle without just cause or excuse:

Road Safety Act 1986 – SECT 70
Tampering or interfering with motor vehicle without just cause or excuse

70. Tampering or interfering with motor vehicle without just cause or excuse

(1) A person who, without just cause or excuse, tampers or interferes with a motor vehicle owned by any other person is guilty of an offence.

Penalty: 2 penalty units or imprisonment for 14 days.

(1A) A person must not, without just cause or excuse, tamper or interfere with specified equipment fitted or attached to a motor vehicle.

Penalty: 25 penalty units.

(1B) In subsection (1A), specified equipment means equipment of a type specified for the purposes of this section by the Minister in a notice published in the Government Gazette.

(2) The accused has the burden of proving just cause or excuse.

The Maximum Penalty – Tampering or interfering with motor vehicle without just cause or excuse

According to VIC Law for the charge of Tampering or interfering with motor vehicle without just cause or excuse,

14 days’ imprisonment

2 – 25 penalty units

In relation to (1A), the court may, if the person holds a driver licence or permit, cancel that licence or permit and, whether or not the person holds a driver licence or permit, disqualify the person from obtaining one for a period the court thinks fit, not exceeding 4 years.

What the Police must prove according to VIC Law for Tampering or interfering with motor vehicle without just cause or excuse

1. The person tampered or interfered with a motor vehicle (or equipment attached to motor vehicle)
2. owned by another person

Possible Defences under VIC Law – Tampering or interfering with motor vehicle without just cause or excuse

1. Factual dispute
2. Just cause or lawful excuse
3. Identification dispute

In VIC which court will hear the matter – Tampering or interfering with motor vehicle without just cause or excuse

Magistrates’ Court

 

Date: 09/01/2009

Get Quick Legal Advice

Your Name (required)

Your Email (required)

Your Phone Number (required)

Your State (required)

Subject

Your Message

Check if you're not a robot: