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Defended Traffic Prosecutions

NZ $33.00
Author(s): Frank Hogan, Tom Ingram
Published: 18 March, 1996
Pages: 92



The importance of road traffic law in our legal system is often overlooked. The volume of work is large and increasing, as all who have attended their Court on traffic day will know. A knowledge of the basic types of defences and the methods used to obtain a particular result will usually allow the practitioner to provide accurate and timely advice at all the various stages of the procession from initial notification to the conclusion of the matter in Court.

A serious traffic accident, with injured or dead victims can produce traumatic and dramatic Court proceedings. Certain specific skills can greatly enhance the prospects of success for defence counsel, and greatly ease the psychological burden borne by a defendant in such a case. It is the authors' intention to analyse the components of a successful defence in a case, with the intention of identifying and elucidating the skills and techniques involved.

While the major offences and more common lesser matters are dealt with, some material is not covered in this booklet. This includes alcohol related offences (recently the subject of an excellent New Zealand Law Society seminar by Andrew Becroft and Stephen O'Driscoll, Advising and Representing the Drinking Driver), and a large number of relatively minor offences against regulations which are also excluded. The law covering the matters dealt with in this seminar is far more fully and explicitly set out in such excellent publications as Dixon's Road Traffic Law and Graham's Law of Transport.


Content outline

  • The formula
  • Instructions to act
  • The office interview
  • The instructions interview
  • The forgone conclusion
  • Defence photographs
  • Scene examination
  • Isolating defences
  • The theory of the case
  • Expert witnesses
  • Pre-trial applications
  • Cross-examination
  • The election to call evidence
  • Justices of the Peace
  • Sentencing
  • Appeals
  • Specific defences
  • Offences
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