Driving Offences in NSW

For most people in New South Wales, their main interaction with the legal system will be through traffic law. From a simple speeding fine to a more serious charge like drink driving, the rules of the road are extensive and the penalties can be surprisingly severe.

Facing a traffic or driving offence can be stressful, with the potential to impact your finances, your employment, and your freedom to drive. It is crucial to understand the charge against you and your options before deciding how to proceed.

More than just a fine: the potential consequences

While many minor traffic infringements are handled with a fine and demerit points, more serious offences that are dealt with by a court can result in significant penalties, including:

• Large fines: Court-imposed fines are often much higher than those on an initial penalty notice.

• Licence suspension or disqualification: For many offences, courts are required to disqualify you from driving for a minimum mandatory period.

• Demerit points: Accumulating too many demerit points will lead to a licence suspension from Transport for NSW.

• Criminal conviction: A significant driving offence can result in a criminal record, which can have long-term consequences for employment and international travel.

• Imprisonment: The most serious driving offences, such as high-range drink driving or dangerous driving causing death, carry sentences of imprisonment.

Common driving offences in NSW

Our laws cover a wide range of conduct on the road. Some of the most common offences we assist clients with include:

• Drink driving (PCA): It is an offence to drive with a Prescribed Concentration of Alcohol (PCA) in your system. The penalties vary significantly depending on whether you are in the Novice, Special, Low, Mid, or High Range category. All mid and high-range offences carry mandatory licence disqualification periods.

• Drug driving: It is illegal to drive with the presence of certain illicit drugs, such as cannabis, ecstasy, or methamphetamine, in your system. Unlike drink driving, this is a “presence” offence—the prosecution does not need to prove you were impaired, only that the substance was detectable.

• Driving while suspended or disqualified: The courts take this offence very seriously, and the penalties often include a further lengthy period of disqualification.

• Speeding: While most speeding matters are dealt with by a fine, significant speeding offences (e.g., more than 30 or 45 km/h over the limit) carry heavy penalties and immediate licence suspensions. You have the right to challenge a fine in court.

• Negligent or dangerous driving: These are serious charges that imply your driving was below the standard of a competent driver and put others at risk. If the driving occasions death or grievous bodily harm (GBH), the penalties are extremely severe.

Your options: going to court

When you receive a Court Attendance Notice for a driving offence, you have a choice. You can plead guilty or not guilty.

Even if you intend to plead guilty, having legal representation is vital. A lawyer can prepare your case and make persuasive submissions to the court on your behalf, aiming for the most lenient outcome possible. For many clients, the primary goal is to secure a Section 10 dismissal or a Conditional Release Order (CRO) without a conviction. This means that although the court finds you guilty, it dismisses the charge without recording a criminal conviction and, in some cases, without a licence disqualification.

How we can help

Navigating the court system for a traffic matter can be complex and intimidating. The team at Ridge Legal is experienced in all aspects of NSW traffic law and is dedicated to achieving the best possible result for you.

We can provide expert guidance and representation by:

• Explaining the charges: We will review the evidence against you and provide clear advice on the nature of the charge and the likely penalties.

• Advising on your plea: We will help you make an informed decision on whether to plead guilty or not guilty.

• Preparing for court: We meticulously prepare your case, gathering character references and other materials to support your matter.

• Court representation: Our lawyers are skilled advocates who will represent you in court, presenting your case persuasively to the Magistrate.

• Seeking leniency: We are experienced in making submissions aimed at minimising penalties and, where appropriate, arguing for a Section 10 dismissal or a non-conviction order to help you avoid a criminal record and keep your licence.

• Licence appeals: We can assist you in appealing licence suspensions issued by Transport for NSW or the police.

If you have been charged with a traffic offence or have received a Court Attendance Notice, contact Ridge Legal for expert advice on how to protect your licence and your record.

Disclaimer: The content of this article is intended to provide general information only and does not constitute legal advice. You should seek tailored legal advice for your specific circumstances before taking any action.