Traffic offences can carry criminal convictions, licence disqualification and, in serious cases, even the risk of custody. That means the outcome of a hearing can directly affect your employment, family responsibilities and daily life.
Our experienced traffic lawyers represent clients in matters including:
Traffic matters or driving related matters cover a range of offences pursuant to the Crimes Act 1900 and the Road Transport Act 2013, as well as other statutes. The laws and maximum penalties relating to traffic offences can often be complex and technical, which is why it is important to seek specialist legal advice before going to Court, or Court electing an infringement notice to be dealt with in Court.
We prepare each traffic matter carefully, challenge evidence where appropriate and advocate strongly to minimise penalties and protect your licence, record and future mobility.
Driving under the influence of alcohol
The charge and the relevant maximum penalties you may receive for driving with a prescribed concentration of alcohol will be influenced by whether you return a positive Blood Alcohol Concentration (BAC) reading for alcohol and the actual BAC reading itself. Depending on the BAC reading, you may be charged with either Driving with Low Range PCA, Driving with Middle Range PCA, or Driving with High Range PCA. Each charge carries different maximum penalties and can have significantly different impacts such as whether the Court will record a conviction on your criminal record, the duration of any applicable licence disqualification, and whether an interlock device must be fitted into your car. If you do not own or have access to a vehicle for an interlock device to be fitted into, then you may apply for an exemption to the requirement for an interlock device.
Drug Driving
The charge you receive will depend largely on whether you are driving while under the influence of drugs, or you are driving with an illicit drug present in oral fluid, blood or urine. The charge and the penalty imposed by the Court could also be influenced by whether other factors such as whether there was one more drug involved, the nature of the driving at the time of detection, the traffic density, and your traffic and criminal history.
Driving while disqualified or suspended
If you are caught driving while your licence is suspended or disqualified, the Court may impose a further disqualification period of your licence, as well as other penalties including fines, community based orders, and in serious cases, terms of imprisonment. The charge you receive and the ultimate penalty the Court will impose will depend on the circumstances of the offence, your traffic and criminal record, and your personal circumstances, such as a compelling need to keep your licence.
Licence appeals and disqualification matters
In most cases, if you receive a licence suspension notice from Service NSW, you may have the opportunity to appeal the suspension period in the Local Court. If the Court is persuaded to do so, a Judge may direct that your entire suspension period be lifted, or alternatively, that your suspension period be reduced significantly. You may be entitled to pursue this appeal even if you receive a suspension while you are on a Provisional Licence.
Police pursuit offences
Police pursuit offences are considered by NSW Courts to be very serious offences because of the significant danger and harm posed to other road users and the community. It is not uncommon that an individual may receive a term of imprisonment for a Police pursuit offence, even if they do not have a lengthy criminal or traffic record. If it is a second or subsequent Police pursuit offence, the maximum penalties are increased.
