Traffic Charges

It is important to obtain legal advice straight away to understand your options. You may be able to avoid conviction and loss of your drivers licence. With the help of an experienced Auckland traffic lawyer you can defend yourself against any traffic charges. Daniel Schellenberg is the traffic lawyer to trust if you need help against any traffic offences including:

• Drink driving
• Refusing an officer's request for blood
• Driving under the influence of drugs
• Driving whilst incapable
• Careless driving
• Dangerous driving
• Reckless driving
• Dangerous driving causing death or injury
• Driving whilst disqualified
• Driving whilst suspended
• Driving contrary to a limited licence
• Sustained loss of traction
• Speeding
• Operating a vehicle in a race
• Traffic infringements
• Log book offences
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​What can a Traffic Lawyer do?

I am an experienced traffic lawyer with years of experience and I can find the best course of action for your case. Whether it is applying for a limited licence, pursuing a discharge without conviction, or trying to keep your drivers licence, I will use every bit of experience I have to obtain the best possible outcome.

I can help you apply for:
• A limited licence if you have been disqualified or suspended due to excess demerit points.
• A discharge without conviction.
• A community based sentence instead of disqualification if you have previously been disqualified (s94 Land Transport Act).
• Special reasons for the Court not to impose disqualification (s81 Land Transport Act).
• An alcohol interlock licence.
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Frequently Asked Question

• The Police want to talk to me about a traffic matter, do I have to talk to them?

  No. You have a right to remain silent and do not have to make any statement or say anything at all. It is generally advisable not to say anything to the police. The police are there to gather evidence to use against you. You should remain silent and speak to a lawyer. A lawyer can assist you with representing to the police your side of the story.

• I am charged with a traffic offence, will I lose my licence?

  This depends on whether you are convicted and what the charge is. There are a number of ways to avoid disqualification if you meet the criteria.

• I was involved in an accident and have been charged with careless driving, what will happen?

  You will need to appear in Court. You are looking at a criminal conviction if you plead guilty or are found guilty. I can help you apply for Police Diversion or a discharge without conviction to keep your criminal record clean.

• I have been charged with a traffic offence, what can I do to help my situation?

  It is a good idea to enrol in a defensive driving course to improve your driving skills and knowledge.

• If I am disqualified from driving can I still drive a moped or toy motor bike?

  No. You must have a valid driver’s licence to drive one on a road.

Example cases and successful outcomes

Traffic Case Example One:
Driving whilst disqualified charge. The client pleaded not guilty and proceeded to a Judge alone trial.  The charge was successfully defended on the basis that the client believed he was able to legally drive. The client was found not guilty.

Traffic Case Example Two:
Dangerous driving charge. The client was recorded by Police travelling at 117 km/hour in a 50 km/ hour speed zone. Client entered a guilty plea and was fined $600 and disqualified for six months. A limited licence was subsequently granted to allow employment to continue.

Traffic Case Example Three:
Careless driving charge. Client lost control of his car on the motorway. His car rolled and crashed into a concrete barrier. His car was written off. The Police declined Police Diversion. Client received a discharge without conviction.