Disadvantaged vehicle owners are forced to choose between paying a fee to release their confiscated cars or covering legal costs, even if they have a genuine defense in their charge, says the Law Society of South Australia.
Key points:
- Suspected criminals must pay $ 1,135 in 28 days, or up to $ 1,395.50 in 38 days, to free their car
- The legislation was aimed at dangerous driving or hoon
- Those unable to pay the release fee or legal aid could be left without a vehicle
SA police revealed that 822 confiscated vehicles have been destroyed or sold since rules were introduced against dangerous drivers on July 1 last year.
The law required alleged violators to pay up to $ 1,395.50 to release their confiscated vehicle or it could be destroyed or sold after 38 days.
Between July 1 last year and June 20, 520 vehicles were shredded for scrap metal while 302 were auctioned off.
During the same period, 635 vehicles were released due to difficulty.
The alleged offenses ranged from driving an unregistered vehicle to drunk driving, between hoon or dangerous driving.
Not everyone can afford the cost of release
The Law Society of SA has previously criticized the new rules, with its chairman Justin Stewart-Rattray warning that vehicles that have been confiscated and potentially destroyed before a person was found guilty “would disproportionately affect less affluent South Australians “.
“The company is aware of cases involving drivers who are facing the destruction of their vehicle who have potentially had a genuine defense in their charge, but who have not been able to pay the embargo rate required to release their car and who they also can’t afford legal representation, “he said.
“And since most of the crimes that can result in car confiscation are not covered by legal aid, drivers in these cases have no legal recourse to challenge a charge.
“Now that the car confiscation scheme has been underway for almost 12 months and we are starting to see court issues where the evidence against the accused is verified, there are likely to be cases of people having their charges dismissed or withdrawn, which they can then lead people to seek compensation for out-of-pocket expenses as a result of the confiscation of their car. “
A car burned in the north-south corridor by the camera. (Youtube: SAPOL)
An SA police spokesman said they could not comment on the court findings, if any, related to the confiscated vehicles.
But they said a refund will be paid if a case is interrupted, withdrawn or a person is found not guilty by the court.
The Law Society of SA requests that vehicle release fees be paid in the event of a conviction and that payment plans be reinstated.
“The 38-day period creates the risk that a car could be removed long before the lawsuit is completed,” Stewart-Rattray said.
“Clearly, those who will have difficulty paying the considerable release fee and cannot afford to challenge a charge even if they have a legitimate defense will be much worse off than those who can comfortably afford to have their vehicle released.” he said. dit.
“This is compounded by the fact that there are no payment plan options for low-income people, which only serves to consolidate the disadvantage, although the company notes that the police commissioner has the discretion to leave embargo rates in the event of severe financial difficulties “.
Rules for reckless driving: Minister
Police figures show that 23 of the 37 lives lost on SA roads this year were caused by speeding or dangerous driving.
Police and Road Safety Minister Joe Szakacs said the state’s toll road was a strong reminder that dangerous driving was not an innocent act.
“Taking idiot and selfish risks on the roads of South Australia puts all those who use our roads in unnecessary danger,” he said.
“The government will continue to seek advice from SA police on laws to ensure they are properly enforced, including confiscation, sale and crushing of vehicles.”
The Law Society of SA said it supported measures to deter dangerous driving, but questioned whether the car confiscation scheme was the most effective model as several offenses under the scheme are unrelated to driving. hoon.