Get The Best Traffic Lawyers on Your Side. We Fight Hard For Your Rights.
The best traffic lawyers at a reasonable fixed cost to help you get back on the road
We have 12 years of combined experience, we understand both the case at hand as well as the individual.
We strive for preeminence in the legal space and fight to win every matter that comes into our office, regardless of size or publicity.
Our law firm is available and in reach to provide expert advice when you need it most, 24 hours a day, 7 days a week, 365 days a year.
Truth Lawyers ensures you are kept informed and updated throughout the process whilst developing the strongest case possible.
Most traffic offences in NSW are strict liability offences, which means the prosecutor does not need to prove you intended to commit the crime.
You need legal advice about traffic law, especially if your matter is in the courts, as it is a complex area of law. While most traffic offenses are dealt with under the Road Transport Act 2013, a number of offenses are prosecuted under the Crimes Act 1900 NSW.
It has been brainwashed in NSW that once you receive a traffic fine, it is not worth contesting. Even when we know or at least feel we did not commit the offence or at least how it is being alleged, we are forced to accept it and all of its consequences. In reality, however, our legal system protects us from injustices such as these, and when someone is adamant that they did not commit an offense, they often are right.
Sometimes, cops make mistakes too.
It has been brainwashed in NSW that once you receive a traffic fine, it is not worth contesting. Even when we know or at least feel we did not commit the offence or at least how it is being alleged, we are forced to accept it and all of its consequences. In reality, however, our legal system protects us from injustices such as these, and when someone is adamant that they did not commit an offense, they often are right.
In summary – Just because you have received a traffic fine or charged with a major offence does not mean that you are guilty. At Truth Lawyers our expert traffic lawyers know and understand the ins and outs of the Road Transport Act and associated Crimes Act legislation. Therefore, they are uniquely positioned to maximize the chances of your successful defence.
What does the Magistrate hearing your case want to know moving forward? You’ve made a mistake. It happens. If you’ve been tested or caught on radar, “sometimes” it’s not even debatable.
Do you plan to be seen in court on a regular basis, or will this be your first court appearance?
Are you are a person of good character?
Did the offence occur during a difficult time in your life?
What steps have you taken to address any underlying issues? For example, counseling, attending a course (eg anger management, drug and alcohol awareness, etc) and/or seeing a psychologist or psychiatrist.
How will the fine and/or license suspension affect your employment, your dependents, and your health?
A number of serious and non-serious driving offences and traffic offenses can be classified as follows:
Death caused by negligent driving
Driving negligently and causing grievous bodily harm
Driving recklessly; Driving in a dangerous manner or at a dangerous speed; Driving furiously
Failure to stop and provide assistance in an accident that results in death or injury
Alcohol or drug-impaired driving
Offenses related to speeding
Offenses committed in school zones
Offenses related to parking
Offenses related to driving (not wearing a seatbelt, running red lights, using a mobile phone, etc.)
Registration of vehicles
Licence offences related to heavy vehicles
Driver fatigue in heavy vehicles
Below is a list of some of these traffic offenses-
DUI (Driving Under the Influence)
Driving Under the Influence of Alcohol (PCA Offences)
According to the Centre for Road Safety, drink driving is a serious offense.
A fatal crash in NSW is caused by drink driving one in seven times.
The penalties for lower range drink driving offenses, and for driving while intoxicated, will be tougher from 20 May 2019.
In the presence of illicit drugs.
A number of reforms in the Road Safety Plan 2021 aim to reduce alcohol and drug-related trauma on NSW roads.
There is a guideline that many drivers follow:
Males = 2 standard drinks in the first hour and 1 standard drink every hour after
Females = 1 standard drink in the first hour and 1 standard drink every hour after.
If you will be driving, it is best not to consume alcohol since everyone reacts and processes alcohol differently.
The blood alcohol limit for novice drivers (learners and provisional license holders) is 0.00.
Professional drivers (bus, truck, taxi, Uber, etc) have a 0.02 blood alcohol limit
A blood alcohol limit of 0.05 applies to class C licence holders (normal car and motorcycle licenses)
For high and mid-range PCA offences and second and subsequent PCA offences, a court may order a driver to enroll in the alcohol interlock program and have a device fitted to their vehicle. For more information about the interlock program, including how to have a device fitted to your vehicle, contact Jameson Law or RMS.
It is a serious crime to drive under the influence of drugs.
If any prescribed illicit drug is present in an individual’s oral fluid, blood, or urine, the individual must not:
a) drive a motor vehicle
b) occupy the driving seat of a motor vehicle and attempt to put the vehicle in motion, or
c) if the person is the holder of an applicable drivers licence (other than provisional and learners licence) occupy the seat next to a learner driver driving the vehicle
For a first offense, the maximum penalty is $2,200, and for a second or subsequent offense, $3,300.
For this offence, the licence is disqualified for the following period:
In the last five years, there have been no previous major crimes committed:
There will be an automatic six-month disqualification, or
In the event the court deems it necessary, a disqualification of 3 months (but no shorter) may be imposed
In the past five years, if you have committed a major crime:
12 months of automatic disqualification
A disqualification of six months (but not less) may be imposed by the court
Resisting a roadside breath test can also result in arrest and being taken to the police station for a breath analysis. Refusing a breath test has the same penalties as high range PCA.
It is illegal to drive a motor vehicle negligently on a road.
Penalties:
For a first offense, the maximum penalty is $3,300 or 18 months’ imprisonment (or both). For second or subsequent offenses, the maximum penalty is $5,500 or 2 years’ imprisonment (or both).
The maximum penalty for a first offence is $2,200 or imprisonment for 9 months (or both). For a second or subsequent offence, the maximum penalty is $3,300 or imprisonment for 12 months (or both).
The maximum penalty is $1,100 if there is no death or grievous bodily harm.
Public safety must not be compromised by driving furiously, recklessly or at high speeds.
Penalties:
If you commit your first offence under the Road Transport Act 2013, you can be fined $2,200 or imprisoned for 9 months (or both). If you commit your second or subsequent offence, you can be fined $3,300 or imprisoned for 12 months (or both).
Under the Crimes Act 1900, it is also punishable by imprisonment for two years if it results in injury or grievous bodily harm.
Police pursuits are a criminal law offence. When a driver knows, ought to know, or has reasonable grounds to suspect that police are pursuing his or her vehicle, they are required to stop. If they fail to stop the vehicle and then drive recklessly, at high speeds, or in a dangerous manner, they are guilty of an offence.
For a first offence, the maximum penalty is 3 years in prison. For a second or subsequent offence, the maximum penalty is 5 years in prison.
It is a criminal offense to fail to stop and render assistance after an accident.
Death : If a driver causes the death of another person in a motor vehicle accident and knows, ought reasonably to know, that the vehicle has been involved in a car accident that causes death or grievous bodily harm and fails to stop and render assistance, the driver is guilty of an offence. This offense carries a maximum imprisonment sentence of ten years.
Grievous bodily harm (serious injury): The driver who causes grievous bodily harm to another person in a motor vehicle accident and knows or ought reasonably to know that the vehicle has been involved in a car accident causing death or grievous bodily harm and fails to render assistance is guilty of an offence. This offense carries a maximum of seven years in prison.
Criminal law offences include predatory driving. When pursuing or traveling near another vehicle, a driver engages in a course of conduct that causes or threatens an impact with other road users and intentionally causes injury to those in the other vehicle, he or she commits an offence.
Five years of imprisonment is the maximum penalty for this offence.
It is a criminal law offence to drive in a dangerous manner.
The driver of a vehicle involved in a car accident causing the death of another person was driving the vehicle at the time of the accident
under the influence of intoxicating liquor or a drug; or
at a speed dangerous to another person or persons; or
in a manner dangerous to another person or persons
This offence carries a maximum penalty of ten years in prison.
The maximum penalty for dangerous driving that causes death under circumstances of aggression is 14 years in prison.
The following are examples of aggravating circumstances:
element and nature of injuries inflicted
number of people put at risk
degree of speed
degree of intoxication or of substance abuse
erratic or aggressive driving
competitive driving or showing off
length of the journey during which others were exposed to risk
ignoring warnings
escaping police pursuit
degree of sleep deprivation
failing to stop
If a vehicle being driven by a person is involved in a car accident causing grievous bodily to another person and the driver was at the time of the car accident, driving the vehicle
under the influence of intoxicating liquor or of a drug
at a speed dangerous to another person or persons
in a manner dangerous to another person or persons
The maximum penalty for this offence is imprisonment for 7 years.
If dangerous driving occasioning grievous bodily harm occurs in circumstances of aggression, the maximum penalty is imprisonment for 11 years. Aggravating circumstances are set out above.
Participation in traffic offenders programs shows the court you are remorseful and may assist in reducing your disqualification period.
A person must not operate a motor vehicle in such a manner as to cause the vehicle to undergo sustained loss of traction by one or more wheels of a vehicle.
The maximum penalty for this offence is a fine of $1,100.
It is also an offence to :
Do or omit to do anything that prolongs, sustains, intensifies or increases a loss of traction.
Operate a vehicle as above, knowing there is an appreciable risk do so at that time and place is likely to interfere with the amenity of the area or the peaceful enjoyment of persons in the area or make the area unsafe.
Willingly participate in any group activity involving the above.
Organise/promote/urge any person to participate in or view any group activity involving one or more vehicle as stated above.
Photograph or film the above activities to promote it.
The maximum penalty for this offence is a fine of $3,300 for a first offence or a fine $3,300 or imprisonment for 9 months (or both) for a second or subsequent offence.
Red light cameras often include a speed detection device, which can be appealed. Follow the instructions attached when you receive your infringement notice to appeal speeding and red light camera offences. Before appealing to the court, it is recommended that you appeal your infringement to the State Debt Recovery Office (SDRO). You have 21 days to lodge your appeal after you receive the infringement notice. For a fee, you can obtain a copy of the picture taken by the camera before filing an appeal.
A novice is someone who holds a learner permit and provisional licence (P1 or P2)
A special driver is somebody who drives buses and trucks (light rigid, medium rigid, and heavy rigid), taxis, Ubers, etc.
A C class licence is a normal driving license
If a person is not exempted by statute, he or she MUST NOT:
(a) drive a motor vehicle on a road without a license;
(b) employ or permit any person not so licensed to drive a motor vehicle on any road
A fine of $2,200 is the maximum penalty
For a second or subsequent offense, you can face a maximum fine of $3,300 or imprisonment for six months (or both) if you have not held a license for the past 5 years.
A driver with an unrestricted licence in NSW risks having their licence suspended if they accumulate the following demerit points within three years:
13 (or 14 for a professional driver) to 15 = 3 months licence suspension
16 to 19 = 4 months licence suspension
20 or more = 5 months licence suspension
It is possible for a police officer to suspend/confiscate a driver’s license for the following reasons:
Offenses resulting in death or grievous bodily harm
Speeding more than 45km/h over the speed limit (suspension automatic for 6 months)
The act of driving under the influence
Offenses under the PCA (automatic suspension of three months for low range drink driving)
Street racing
Aggravated burnout offences
Speeding more than 30km/h above the speed limit by a novice driver (automatic suspension of three months)
Learner unaccompanied (automatic suspension for 3 months)
When the vehicle is on the spot suspended, you are not allowed to drive it.
You can appeal police suspensions within 28 days of receiving the infringement notice.
If you drive while your licence is suspended, you may face further penalties.
On the RMS website, you can find more information.
For a first offence, driving while suspended or disqualified carries a maximum fine of $3,300, imprisonment of six months, and license disqualification of six months. If you commit a second or subsequent offence, you can be fined $5,500, imprisoned for 12 months and disqualified from driving for 12 months.
Driving an unregistered vehicle in NSW is an offence. Driving an uninsured vehicle is also an offence.
Driving an unregistered light vehicle (cars and vans up to 12 seats) is penalized at $686. Driving an uninsured light vehicle (cars and vans up to 12 seats) is penalized at $686. If the vehicle is a heavy vehicle (GVM more than 4.5), the fine for an unregistered vehicle is $1449 and 4 demerit points. Driving an uninsured heavy vehicle is penalized at $686.
In 2017, the Habitual Traffic Offenders Declaration was abolished. If you have a declaration in place, contact Truth Lawyers.
Disclaimer
Legal advice should not be taken into account based on the above information. For legal advice tailored to your specific legal problem, you should consult one of our solicitors. The penalties listed are maximum penalties. The courts handle cases on a case-by-case basis. As well as COVID-19, there may be court delays.
In most cases, this depends on the seriousness of your traffic offense. If you have received a Court Appearance Notice (CAN), you will have to appear in your local court. If you are uncertain, just contact us and we’ll check for you. To ensure your legal rights are protected, we can also appear with you.
Police may either impound your vehicle, remove your number plates, attach a ‘number-plate confiscation notice’ and/or send you a ‘production notice’ requiring you to take the car to an impound or hand in your number plates if your car or motorcycle has been involved in any of the following offences.
The following are the sanctionable offenses they can commit:
some drink driving offences
street racing
burnouts
a police pursuit
speeding by more than 45 km/h (does not include camera detected offences)
speeding by more than 30 km/h if you are a disqualified driver (does not include camera detected offences).
It is also possible for the police to seize your vehicle if you have been convicted of drink driving in the past five years and have now been caught with:
mid-range Prescribed Concentration of Alcohol (a blood alcohol concentration of 0.08 or more but less than 0.15)
high-range Prescribed Concentration of Alcohol (a blood concentration of more than 0.15)
refusing to give a breath test or failing to provide a blood sample, when requesting by police.
No! In this case, you should contact us immediately. The police can only impound or remove the number plates from the car you are driving if you are the registered owner.
If your vehicle is involved in sanctionable offenses in the next 5 years, your registration may be suspended for up to 3 months.
Contact us if you have received a warning letter even if you weren’t involved in the incident.
Yes. We can help you submit an application to the Court showing that you need to use the vehicle. The Court will then consider the following:
whether it is reasonably likely that the vehicle will be used to commit sanctionable offences again, or
The removal of a vehicle or number plates causes extreme hardship to someone other than the registered owner.
We understand how easy it is to make a mistake. If you take your eyes off the road for even just a few seconds and suddenly, you make an error, you can lose your license. Maybe there was a lapse in judgement or perhaps just a split-second loss of concentration? Maybe it’s just a case of oops, you drank too much and now the damage is done.
Let an expert help you with your case, no matter what the reason may be. See what your options are before making any decisions.
As your offence falls under criminal law, you will need to speak with a criminal lawyer, specifically a traffic lawyer who deals with traffic law every day.
In most cases, driving-related offenses are dealt with in the Magistrates Court or, depending on your state, in the District Court. You must attend court in person to have your matter dealt with and to enter a plea of guilty or not guilty.
Legal advice should be sought before taking any action.
Driving under the influence of alcohol is a dangerous offence that is taken seriously by the court. When you operate a motor vehicle under the influence of alcohol, not only are you putting your own life at risk, but also that of others around you.
However, we know that the Australian legal system is not always black and white. In determining these types of matters, the individual circumstances of the individual are taken into consideration, and you will have the opportunity to present your defense to the court.
Perhaps you were under the influence for a reason. Possibly you had a medical emergency that required immediate attention. It is possible that you had been drinking while also suffering from heat stroke or food poisoning which exacerbated your symptoms. It is always possible that you had a lapse in judgement and thought that you would still be within the 0.05 limit.
There is even a chance that you knew you were over the limit and got behind the wheel anyway. Whatever the reason, we are here to help.
It is always possible that you might receive a lighter sentence if this is your first offense, but it is never a guarantee. First time offenders are usually given some leniency due to their good behavior in the past.
In the event that this is a subsequent offence for you, your odds are not as good. A subsequent offence describes an offence which you have previously committed (e.g. drink driving). As a result, if you have committed subsequent offences, you will usually face harsher sentence conditions because you failed to learn from your previous mistakes.
You can be disqualified/suspended from driving for a variety of lengths of time if you commit a traffic offense. This period will vary depending on the offence you commit. Depending on the state, this period can vary from a few months to several years in length. If you are unsure, contact a lawyer to find out the length. A range of factors may be taken into consideration, including;
Whether you have been convicted of a traffic offense before;
In what type of offense have you been charged (e.g. speeding, DUI, etc. );
How far over the limit were you if you were convicted of speeding?
How far over the legal limit were you if it was a drink driving offense? ;
When the offence occurred, were you a learner or provisional driver
2. Loss of Demerit Points
Depending on the offense, you may simply lose a portion of your demerit points as punishment. A fully licenced driver has 12 demerit points available to them if they are convicted of speeding, low range drink driving, etc. A driver’s license is automatically revoked if the driver loses these 12 points.
When you are a learner or provisional driver, you are only allowed to accrue four demerit points within a 12 month period. If you accrue more than four points, your licence will be suspended automatically for three months.
3. Restricted Licence
If you plan on undergoing a period of licence disqualification, it might be possible to obtain a restricted licence in certain circumstances. These types of licences are only awarded in very limited circumstances and it is essential to prove a specific need for one in order to be granted. For example, a restricted licence may be granted if:
If you are not able to complete your work duties, your employment will be terminated;
Inability to transport your children to and from school or other necessary appointments/activities;
You have other people relying on your license, such as elderly parents, children, etc.
In order to obtain a restricted license, you not only need to prove your specialized need for one, but you also need to undergo a liver function test. A liver test can show the court whether you have a drinking problem, or if you have been abusing alcohol continuously for a long period of time. In the event it does, the court may not be satisfied that if they provided you with a restricted licence, you would not drink and drive. There is a possibility the court might grant you a restricted licence if the liver function test indicates irregular or insignificant alcohol use, indicating there is a less likely chance you will abuse the privilege.
The restricted licence only allows you to drive during work hours. If you are caught driving outside of these times, your licence will be revoked, and you will be charged and re-sentenced.
Hypothetical Scenario
A high range drink driving charge has been filed against Jack. This is his second offense, but there has been a ten year gap between charges. For his most recent offense, Jack was found driving down a main road with a blood alcohol level of 0.125. Jack was almost 3 times over the legal limit at 6:00pm on a Friday night, and he was traveling down a public road. At this time, there is a lot of traffic, and there are both adults and children around.
In Jack’s case, the following factors would be considered:
He has been convicted of the same crime before;
He was driving in a high-traffic area and endangered the lives of adults and children;
Although he had the option not to drive, he chose to do so.
Considering Jack’s offence, he is likely to be eligible for a suspended license, but may be able to apply for a restricted licence. Jack is a single father who works as a delivery driver to support his family.
Jack is not a regular drinker and would likely return a healthy liver function result;
Jack requires his licence to continue working and to take his children to school.
If Jack loses his driver’s licence he will be unable to provide for his family and will also be terminated from his employment.
Instead of losing your licence completely, you may be given a period of licence suspension in most cases. You will not be able to drive for a period of 3, 6, 12, etc, months, however, after that period has passed, your licence will be reinstated and you can drive again.
Hypothetical Scenario
Having lunch with friends, Leticia realizes she needs to pick up her kids from school. She has been having such a good time that she lost track of time and is now going to be late. Leticia decides to take a few back streets to avoid the busy main roads as she leaves the restaurant and thinks that if she exceeds the speed limit a little, it won’t be as noticeable. On the other side of the street, a police car is approaching Leticia as she rounds a corner. They catch Leticia driving 85 km/h in a 50 km/h zone. Leticia has been caught speeding twice in two weeks. She was issued a warning the first time, but no further warning has been issued.
After coming around the corner, Leticia glanced down at her phone and noticed a message from her friend, but she couldn’t see it properly from where it was in the passenger seat. Leticia picked up her phone to look at it, and this was also noticed by the police.
In addition to speeding, Leticia has been charged with dangerous driving. When Leticia rounded the corner, she entered the street directly next to a school zone, which caused children and parents to cross the road at that time. It is possible that someone could have been seriously injured at the speed Leticia was driving.
Court order suspended Leticia’s license for 6 months.
A court will not impose a sentence for some traffic offences. When you commit a traffic infringement, the police will usually issue an infringement notice on the spot, and you only need to pay the fine and continue with your day. Demerit points can often be lost as a result of this.
Hypothetical Scenario
She is running late for her doctor’s appointment because she struggled to get out of work on time. A police officer turns into the street behind her and sees her speeding, pulling her over and issuing her with a fine. She is speeding down the street without realizing she entered a 60 km/h zone.
She received a fine and demerit points for driving 70km/h in a 60km/h zone. The type of fine or penalty that you will receive is specific to the state where you live and will be based on the Road Safety Act of the state in which you reside, for example, NSW, Victoria, etc.
The penalty for traffic infringements increases during high peak times of the year, such as Christmas, New Year, Easter, and long weekends. You could lose or keep your licence in these situations if you receive double demerit points and increased fines.
A driver who drives without a license will be considered to have broken more than one law and this is a serious offence.
You either didn’t pass the test or lost your license for a traffic offense if you didn’t hold a license;
Unlicensed drivers endanger the lives of those around them; and
When you drive as an unlicensed driver with other people in the car, not only do you put your own life at risk, but you also endanger the lives of others.
As you can see, these are only some of the factors that may be considered by the court.
Fill out and submit the booking form for us
Liability limited by a scheme approved under Professional Standards Legislation.
All Rights Reserved to Truth Lawyers © 2023