Traffic Offenders Program - Sample Questions and Answers

If you are attending the traffic offenders program held by the PCYC, you will receive a set of assignments each week with questions to answer.  They may vary depending on the course you sit.

One thing to be mindful of when answering the  questions is to avoid doing so in an accusatory tone or such that you are laying blame on others or the Police.  The host of your traffic offenders program will be writing a report on you and sending it to the magistrate, so you need to position yourself in the best possible light, and show remorse for the crime you committed.  The host of the program I attended gave an example of a participant who wrote something which had an adverse effect on the sentence given to him in court.

These are some sample questions I received in the program and the answers I gave.  I can't 100% guarantee the answers are all correct, however I got through the course without issue.

TOPIC: POLICE

Q1.      Name 3 of the 4 most common factors in collisions
Answer
- Speed
- Fatigue
- Alcohol & Drugs
 
Q2.      Can  you drink alcohol whilst you drive a vehicle?
Answer: No

Q3.       What are the three blood alcohol limits concerning drivers in NSW?
Answer:
-  0.0 Learner Drivers
-  0.02 Drivers of Public Vehicles
-  0.05 General License Holders

Q4.      Name 2 of the ways police use to detect speeding drivers
Answer:
-   Kustom Signals Silver Eagle II Radar
-   Kustom Signals Pro Laser III LIDAR (Light Detection & Ranging)

Q5.      Name 3 good driving traits?
Answer:
- Attitude - drive in a calm and courteous manner
- Defensive driving - Always anticipate other drivers/look ahead
- Knowledge - Know & obey road rules, and awareness of the limits of the road you are driving on.

Q6.      Why do you think speed cameras are there?
Answer:
The primary reason for speed cameras is to slow people down, to keep the roads safe and to prevent or minimise accidents.  Given speed is a major factor in accidents, speed cameras are warranted. 


TOPIC: THE ACCIDENT SCENE
Q1.      List 5 main causes of collisions:
Answer:
- Fatigue
- Speed
- Inexperienced Driving
-  Alcohol
- Weather conditions/environment

Q2.      What are 2 effects alcohol has on the body and how will this effect your ability to drive?
Answer:
- Effects central nervous system by slowing it down.  Coordination is affected as a result and the ability to do several things at once (such as changing gear, braking, indicating, scanning for traffic and pedestrians simultaneously).

- Effects cognitive skills such as perception,  which means the ability to recognise potential traffic hazards, to estimate time and distances and to react accordingly is reduced.

Q3.      List 5 ways drugs effect your driving?
Answer:
- Hallucinations
- Eratic Behaviour
- Dizziness
- Aggression
- Reduced Coordination

Q4.      What are the three most important things to do at the scene of a collision?
- Look for danger to self and others
- Assess the scene
- Call 000


TOPIC: LEGAL ASSIGNMENT
Q1.      What are the maximum penalties for driving whilst disqualified for a second offence within 5 years?
Answer:A mandatory minimum disqualification of 2 years. A maximum fine of up to $5500 and up to 2 years jail.

Q2.      What will happen to you if you are convicted for three or more "relevant" offences within 5 years?
Answer:
Declared habitual offender and 5 years will be added to disqualification

Q3.      What is the likely penalty for a person who is convicted of dangerous driving occasioning death?
Answer:
Not less than 3 years imprisonment


Q4.      If you were driving with a mid range PCA and you had an accident and were at fault, and  you injured or killed a person, is it likely that you would be convicted of dangerous driving?
Answer:
No, it is dependent on whether you were driving negligently or dangerously

Q5.      What should you do once your disqualification period has expired?
Answer:
Go to the RTA (do not drive there) and apply for another license.

Q6.      What is an interlock device?
Answer:
An electronic device, hardwired into car that monitors your alcohol consumption.



TOPIC:  ROADS AND VEHICLES

Q1.      What does a compulsory Third Party Insurance (green slip) cover?
Answer:
Liability for personal injury to others (passengers and other road users)


Q2.    What can an insurance company do if you breach a policy condition?
Answer:
Deny any claims that you make


Q3.      Name two types of excess that may apply if you make a claim
Answer:
- Age Excess
- Inexperienced Driver Excess


Q4.      Would an insurance company instantly refuse a claim if you were not at fault in an accident, but were however charged with a High Range PCA by the police?
Answer:
Not instantly, but they may refuse after further investigation


Q5.      Driving at 70 kilometres per hour in a 60 zone will increase your stopping distance by how much?
Answer:
10 metres (from 38m to 48m).  Source: RTA website


Q6.      Would an insurance company instantly refuse a claim if you were not at fault in an accident but had a vehicle that was illegally modified at the time of the incident?
Answer:
Not instantly but they do have the right to refuse based on modification.  They may however use their discretion.


TOPIC:  DANGEROUS BEHAVIOURS

Q1.      What did you learn from this session?
Answer
I learnt that humans are the main contributing factor to crashes, and that defensive driving is the best strategy for safe driving by anticipating other drivers and driving to the conditions.

Q2.      What did you learn about the consequences of irresponsible driving?
Answer:
Irresponsible driving increases the risk of having an accident and more often than not are key factors in fatalities on the road.  Consequences can be far reaching - harm to self, others and their families.

 
Q3.      How could this session influence your decision to become a responsible driver? Why?
Answer:
The statistics speak for themselves.  It's clear that accidents and fatalities are often due to irresponsible driving.  I don't want to be one of those statistics.
 

Q4.      What will it take for you to decide not to re-offend?
Answer:
I have already made the decision not to re-offend.  The loss of my license, the embarrassment of my actions, having to face court and attending the traffic offenders program have all contributed to and influenced my decision not to re-offend.


TOPIC:  VICTIMS OF ROAD TRAUMA Q1.      How many possible victims could there be of a Road Trauma event?
Answer:
Endless number because it extends to family, friends, work colleagues and professionals that deal with the trauma.


Q2.      What actions do smart drivers take to reduce the risks of being involved in an accident? Give 4 examples
Answer:
- Avoid drinking alcohol prior to driving
- Avoid speeding
- Avoid driving while fatigued.
- Use defensive driving techniques


Q3.      Name one behaviour or attitude you will actively try to change in the future
Answer:
I'll make smarter choices before I get into the car, and smarter choices while on the road with particular attention to the speed limit now that I am aware of the difference that even 10 km/h can make.


Q4.      Who has ultimate responsibilty over the car you are driving?
Answer:
I do. The choices I make while driving are my responsibility and can have dire consequences if they are not smart decisions.


TOPIC:  DRUGS AND ALCOHOL

Q1.      List 3 ways that alcohol effects the body
- Can affect your coordination
- Can affect judgement  - ie make you say or do things you normally wouldn't
-  Can affect sight - ie blurred vision


Q2.      Depressents do which of the following?  Slow You Down; Speed You Up; Distort Your Perception
Answer:
Slow you down and distort your perception


Q3.      Smoking Cannabis can lead to which of the following:
a.    Respiratory Diseases
b.   Emphysema & Bronchitis
c.   Lung Cancer
d.  All of These
e.   None of These

Answer:
d.   All of These


Q4.      Heroin is which of the following: depressant, stimulant or hallucinogen?
Answer:
Depressant

Q5.     Stimulants do which of the following: Slow You Down; Speed You Up; Distort Your Perception?
Answer:
Speed you up


Q6.      Does the same amount of alcohol affect people the same way?
Answer:
No


Q7.      List the ways you may be able to sober up.
Answer:
Wait it out - time is the only thing that will make you sober


Q8.      True or False: Police cannot check to see if you are under the influence of any other drug besides Alcohol
Answer:
False


Q9.      Alcohol is which of the following:  Depressant; Stimulant; Hallucinogen
Answer:
Depressant


Q10.       Using Ecstasy causes which of the following:  Overheating Dehydration; Need to Eat Chocolate; May increase feelings of self confidence; Does not affect driving skills at all.
Answer:
-  Overheating Dehydration
-  May increase feelings of self confidence.

Travelling with a Criminal Record from Drink Driving.

When you have a criminal record, you generally have to declare it on arrival cards into the country.  You may need to get a visa beforehand or some kind of document that permits you to travel to that country.   The US in particular I believe have issues with any type of criminal record.

The purpose of this post is to document places I have been and where, if at all, there has been an issue:

Hungary - Before I travelled to Hungary, I sent emails approx 2 months prior to my travel date to the Australian Embassy in Hungary and the Hungarian Embassy in Australia to ask first whether I would be likely to experience any problems.  Neither bothered to reply to my email!   I also rang the embassy in Hungary and was told someone would call me back and of course, noone did.   When I eventually travelled to Hungary, there were no forms to complete on the aeroplane or upon arrival, and I went straight through the 'nothing to declare' aisle without any problems.

Germany:  I only passed through here on the way to Hungary.  There were no arrival entry cards to complete and when I arrived the 'something to declare' queue was closed off and everyone was going straight through the 'nothing to declare' section.  Not sure if that was because I arrived at 6am in the morning and they just didn't have enough staff at that time, but there were no problems.

Thailand:  I travelled here in 2012 and had no issues here. No questions asked about criminal record.

Drink Driving - Preparing for your Court Case

While you are waiting for your court case, there are a few things you can do to prepare:

1. Get a Lawyer - if you can afford it, get a lawyer to represent you. The reason being that the lawyers act in your best interests. They work on these cases all the time and therefore know what to expect.  They can present you in the best possible light, and generally speaking they will have had experience in front of the judge presiding on your case, thus they will know what to do, and what not to do in front of him/her.  The fact that you have engaged a lawyer also shows that you are taking the case seriously and because you have already had some out of pocket expenses in hiring the lawyer, it may help to reduce the fine that you are given. 

2. Get References - it's a good idea to have references prepared for your court case.  Not just any reference though,  the referee has to make mention of the fact that they are aware of your drink driving charge, and has to speak of your character.  Some magistrates give little weight to references (because it's rare for them to ever be presented with a 'bad' reference), while others do take them into consideration.  It's best to err on the side of caution and have some prepared anyway.  In my case, the magistrate said that she's 'never seen a bad reference, but noted that my references did go so far as to support what my lawyer was arguing/presenting'.

3. Enrol in a Traffic Offenders Program at your local PCYC.  If you can afford it, go and do this course before your court date.  It runs for around 8-12 weeks and it shows to the judge that you are being proactive in changing your habits and that you are taking the drink driving charge seriously.  You will be given assignments each week during this course, and at the end of the course, the Coordinator will send a report to the presiding judge with some information about your attendance, your character and what you learnt from the course.  For that reason, be on your best behaviour during the course, and take the assignments seriously.  If, for example, you write responses such as 'I don't think I should have been charged, I was more than capable of driving', then it will indicate that you have not learnt anything, and it may go into the report sent to your presiding judge. 
Apart from assisting with your court case, it's also a fantastic course, an absolute eye opener, and a life-changing experience.

4. Gather Evidence:  if there is anything that may help to explain your drink driving behaviour (for example if you suffer from depression or anything of that nature), gather some proof of that as it may assist in the reduction of your sentence.

5. Driving License Required for Work:  If you can prove that you need your driving license for work and that public transport is not an option, or that losing your license will put you in a situation of unbearable hardship, then you may be fortunate enough to retain your driving license.   It's ultimately up to the discretion of a judge whether that happens and it is rare.  Drink driving cases are viewed seriously by the courts. 

What Happens When You Get Caught Drink Driving

Note: this blog is not intended to give legal advice, just to document my own experiences.  It is best to consult with a lawyer for the most up-to-date and accurate information.

What happens when you get caught drink driving?
Firstly the police can breathalise you at any time out on the street.  They do not need a reason to pull you over and breathalise you, they can do a random breath test at any time.  Because the equipment they use out on the road is not always accurate, if the reading is over the limit, they will not tell you what the reading was, but rather will ask you to come back to the station for a second reading.

Once they have made the determination that you are over the limit from the first reading, you will not be able to drive your car any further.  You'll need to leave it parked exactly where it is.  The police will not even let you drive it 20m to move it out of a No Standing Zone.  If you have a passenger in the car, they can move it for you, or if the police are nice enough, they may even move it for you.

You will then be asked to accompany the police back to the station, and you will be placed in the back of their paddy wagon - it's embarrassing to say the least. 

If you happen to be carrying a bag with you, the police will take it from you before you enter the paddy wagon, the reason being that they don't want  you to use anything within your bag to hurt yourself or anyone else (such as a knife etc).

Back At The Police Station
When you get back to the police station, you'll be placed in a cell area where you will need to wait for them to call you to do a second breath test.  While you are waiting, the police will go through all the contents of your bag.  They itemise and record anything that was in there, and ask you to sign a document listing all of the items you brought with you.  That is to ensure that all items are returned to you when you leave the police station, and nothing is missing.  If they find drugs in your bag, then, according to the policeman that I dealt with, they cannot charge you for those drugs because it is deemed an 'illegal search', however it would be best to consult with your lawyer to double check that.  I suspect however that they may use that drug information in the police case against you to discredit your character.

The police will ask you random questions while you are waiting, and will be observing your behaviour, so it is best to act as maturely as you possibly can.

You will not be allowed any water or anything to drink or eat before the second breath test, just to ensure that it does not interfere with the accuracy of the second reading.

The police will then use a more sophisticated piece of equipment to conduct your second breath test.  The second breath test may be 20-30 minutes later than when you were first caught, which, depending on the circumstances of your drinking, may work in your favour.  The police will then give you your reading.  If the reading is mid or high range, then your license will be taken from you immediately and you will not be able to drive until the outcome of your court case.  If the reading is low range, you will not lose your license immediately, and thus can continue to drive up until your court case, however you may lose your license for a period of time as a result of the court case.

The police will give you some documentation, including the date of your court case and the location of your court case, and you will then be free to leave (assuming there are no other problems such as being charged for injuring another person or anything of that nature).

In Court with a Lawyer
First mention:
Your lawyer will plead guilty or not guilty on your behalf.

Usually your matter will be adjourned for approximately 4-6 weeks to allow the Police enough time to prepare evidence.  A brief of evidence contains all the evidence that the Police intend to use at the hearing of the matter.  Generally police are not able to call upon additional evidence that was not contained in the brief of evidence and served on you 28 days prior to the hearing.

Police do not always serve the brief of evidence upon you by the date allocated by the Registrar. However as long as they provide a reasonable reason for not providing the brief of evidence by that date, the Registrar will typically give Police futher time to serve it.

Second Court Appearance:
Once the Police have served the brief of evidence upon you, your lawyer will ask the Registrar for a hearing date.

The Court Hearing
In the court, it is very production-line.  You'll be there with many other cases which are being heard on the same day, and you will be able to sit and hear the cases and the outcomes of the cases, and people will be sitting and hearing your case.  There will not necessarily be a set time that you are on, but rather you will sit and wait until your case is called. 

• Proof of Guilt - police must prove that you are guilty of the offence beyond a reasonable doubt.  If the magistrate has reasonable doubt, they may dismiss the charge. 

• The Police Case - The police will call witnesses to try and prove that you committed the crime.  Your lawyer may object to questions asked by the Police Prosecutor in some cases. Your solicitor may then cross examine the witness. After all witnesses have given evidence, the Police Prosecutor will close the Police case

• The Defence Case - If you plan on giving evidence, you will normally give evidence first. Your lawyer will ask you a series of questions designed to ensure you give all relevant details and evidence.   Your witnesses (if any) will then give evidence.   The Police Prosecutor and lawyer will then make submissions upon the evidence given.

• Magistrate Decision - The magistrate will make their decision on the evidence provided and will find you either guilty or not guilty and deliver the sentence.

Cross Examination Tips

1. Be natural. Rehearsed answers can sound artificial
2. Keep answers short - yes or no is often sufficient
3. Avoid arguments with the Police Prosecutors
4. Deliver in a calm and collected manner, don't be emotional in your delivery
5. Stick to the facts, don't exaggerate the details
6. Leave a small pause before answering any questions such that if your lawyer wishes to object to the question they can do so.
7. Don't attack the credit of the Police's Prosecutor's witness, your lawyer can do that.