Misuse of a Motor Vehicle

Misuse of a Motor Vehicle

It is an offence to race a motor vehicle, operate a motor vehicle to produce a sustained wheel spin (burn out), cause engine or tyre noise that is likely to disturb people in the vicinity, or drive a motor vehicle in a park, garden or a road related area causing damage to the surface.

What court will hear the matter

This matter will be dealt with in the Magistrates Court of South Australia.

What the prosecution must prove

The prosecution must prove that you:

  • were driving a motor vehicle;
  • drove in one of the above ways; and
  • intended to drive in that way.

Defences

There are a range of possible defences including, but not limited to, the following:

  • you were not driving;
  • you had the property owner's consent;
  • you were not driving in the manner alleged;
  • you did not intend to drive in the manner alleged.

Penalties

The maximum penalty for this offence is a $2,500 fine however the Court can also order compensation for any damage caused.

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