Section 65(1) of the Road Traffic Act (Chapter 276, Rev Ed 2004) (“RTA”) highlights the offence of driving without due care or reasonable consideration or without reasonable consideration for other persons using the road (Careless driving).

Our client was caught in an unfortunate road traffic accident where she had collided into a carpark barrier while she was driving out. For her charges, she could have been liable to a fine not exceeding $1,500 or to imprisonment for a term not exceeding 6 months or to both for the charge punishable under Section 65 RTA, and to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 12 months or to both for the charges punishable under Section 84(8) RTA.

To address our client’s concern, we sent representations to the prosecution, presented legal arguments and mitigating factors. Subsequently, we received a reply to our pre-mention representations from the prosecution, stating that our client will be offered composition for her charges.

• Minor traffic offence with a composition of fine

“Offer of composition” means you will receive a notice stating a specific sum of money to settle, you can make payment of the notice without having to go to the court.

The payment of the fine can be made through various payment channels. Further information on the methods of payment are available at the Singapore Police Force’s (SPF) website.

You might be wondering; will this result in a criminal record?

Almost all road traffic offences under the RTA are deemed to be non-registrable offences. This means that if you have been convicted of a road traffic offence, it will most likely not leave a criminal record.

• Minor traffic offence without an offer of composition

However, in the event that you find yourself charged with a minor offence without an offer of composition, you will be required to make an appearance in court. This means that you must attend Traffic Court on the date stated in your traffic notice. The offence will be heard before a judge in the Traffic Court on the appointed date. After your court appearance, you will be given a Payment Advice by the Court Officer. You can make the payment immediately at the Automated Collection System (ACS) kiosks located in the Finance Section and Crime Registry at Level 1 of the State Courts which accepts multiple modes of payment including cash, cheque, Nets and credit cards.

In both events; for Minor traffic offence with a composition of fine and Minor traffic offence without an offer of composition, you do not need to hire a lawyer.

• Serious traffic offence without an offer of composition

On the other hand, for serious traffic offence without an offer of composition, you will be formally charged with the offence and you are advised to hire a criminal defense lawyer who would be able to advise you on the relevant procedures and consequences should you wish to admit to the charge or dispute it.

For more information, please contact our criminal lawyer, Raphael Louis, at 9090 8288.