Traffic Offences Lawyers
We understand how important successful result is and will work hard to defend you.
A traffic matter can be a criminal offence and result in the loss of a licence or a criminal record. Brander Smith McKnight Lawyers understand that this can have a devastating effect on you, your family and your employment.
We treat each traffic case, no matter how small with the utmost thoroughness and always aim to get you the best possible result.
Our criminal lawyers regularly appear in courts throughout Sutherland, Parramatta and Wollongong and have experience and knowledge in traffic offences. We regularly defend the charges of:
- Drink Driving
- Dangerous or Negligent Driving
- Driving while Suspended
- Driving while Disqualified
- Driving while under the Influence of Drugs
Call us to arrange a free 20 minute no obligation consultation that includes case evaluation and cost estimate.
Drink Driving
In NSW, the law sets ranges of blood alcohol concentration, known as ranges of prescribed concentration of alcohol or PCA.
Prescribed Concentration of Alcohol (PCA)
These offences fail into 3 ranges, depending on the following blood alcohol reading: Low range (0.050 – 0.079), Mid range (0.080 – 0.149) and High range (0.150 or more).
| First Offence | Low Range | Mid Range | High Range |
|---|---|---|---|
| Penalty | $2,200 fine | $2,200 fine or 9 months gaol | $3,300 fine or 18 months gaol |
| Disqualification | 6 months | 12 months | 3 years |
| Disqualification (with interlock*) | N/A | 3-6 months | 6-9 months |
| Second or Subsequent Offence | Low Range | Mid Range | High Range |
|---|---|---|---|
| Penalty | $3,300 fine | $1,300 fine or 1 yr gaol | $5,500 fine or 2yrs gaol |
| Disqualification | 6-12 months | 1-3 years | 2-5 years |
| Disqualification (with interlock*) | 1-3 months | 6-9 months | 9-12 months |
*Interlock is a device fitted to the car to prevent the car from starting and being driven unless the driver records a zero blood alcohol reading. The interlock period for first offences ranges from 1-2 years.
Driving Under the Influence of Alcohol (DUI)
Unlike PCA offences, the police are not required to prove a blood alcohol content for a person to be found guilty of DUI. If they are proven beyond a reasonable doubt to have either driven a vehicle/ occupied the driver’s seat and attempted to put the vehicle in motion/occupied the passenger seat of a car while a learner is driving, while under the influence of alcohol. The penalties for a first offence can be up to 18mths imprisonment and or 30 penalty points and a $3,300 fine. The penalties for a second or subsequent offence can be up to 2 yrs imprisonment and or 50 penalty points and a $5,500 fine. The criminal lawyers at Brander Smith McKnight have experience representing clients in these sometimes more complex court matters.
Dangerous or Negligent Driving
Negligent driving is a serious offence with a relatively low threshold for proving culpability. Drivers must adhere to the standard of reasonable and prudent driving considering all the circumstances, including weather, road and traffic conditions.
There are three primary charges related to negligent driving:
- Negligent driving not occasioning death or grievous bodily harm (GBH);
- Negligent driving occasioning GBH;
- Negligent driving occasioning death.
The first charge, negligent driving not resulting in death or GBH, is typically addressed through a traffic infringement notice. It frequently occurs as a result of a minor crash and infringement notices are issued to all vehicles involved. This notice imposes a penalty of 3 demerit points.
Negligent driving that results in GBH or death are serious offences that carry severe consequences, including possible imprisonment and a criminal conviction, along with a lengthy licence suspension and other penalties.
Negligent driving that results in GBH is governed by section 117 of the Road Transport Act 2013. A first-time offender may face a potential gaol sentence of up to 9 months and/or a fine of up to 20 penalty units, as well as an automatic licence disqualification of 3 years. For repeat offences, the penalties increase significantly, with fines of up to 50 penalty units and a potential gaol sentence of up to 2 years.
A person found guilty of negligent driving causing death may be fined up to 30 penalty units and imprisoned for up to 18 months for a first offence. For repeat offenders, the penalties again escalate, with fines of up to 50 penalty units and a potential 2-year gaol sentence.
Call us to arrange a free 20 minute no obligation consultation that includes case evaluation and cost estimate.
Driving While Suspended
If you are caught driving a motor vehicle while under suspension by the RMS, you will be charged with driving while suspended.
The penalties for a first offence can be severe, including a maximum fine of $3,300 and up to 6 months in gaol. There is a mandatory disqualification period of 6 months unless your case qualifies for treatment under Section 10 of the Crimes (Sentencing Procedure) Act.
For subsequent offences within a 5-year period, the consequences are more stringent. You could face a fine of up to $5,500 or a maximum prison sentence of 12 months, and a mandatory disqualification period of 12 months.
If your suspension resulted from unpaid fines, the mandatory disqualification period is 3 months. In such cases, the courts often consider Section 10 for your case’s resolution.
A person charged with driving while suspended can utilise the defence of an honest and reasonable mistake of fact. This defence can be successful if the individual can demonstrate that they were unaware of their licence suspension.
Driving While Disqualified
Driving while disqualified refers to the act of driving a vehicle on a public road after a court has legally disqualified the person’s licence.
For first-time offenders, the maximum penalties may involve a fine of $3,300 and/or an 18-month gaol sentence, as well as a licence disqualification period of 12 months. In the case of a second or subsequent offence, the maximum penalties increase to a fine of $5,500 and/or a gaol sentence of 2 years, with an additional mandatory licence disqualification period of 2 years.
There are limited defences available for this offence. One defence, for example, is if the individual can demonstrate that driving while suspended was necessary to prevent serious injury to a person, such as transporting a seriously injured person to a medical facility. It is important to understand, however, that such defences can be challenging to prove in court.
Call us to arrange a free 20 minute no obligation consultation that includes case evaluation and cost estimate.
Driving under the Influence of Drugs
Driving with an illicit substance present in your blood – commonly known as “drug driving” – is an offence under Section 111(1) of the Road Transport Act 2013.
If a roadside drug test detects the presence of illegal drugs in your system, the police can charge you with drug driving. The test is conducted using a saliva swab known as a “lick test” and can detect substances including:
- Cannabis;
- Ecstasy or MDMA;
- Cocaine;
- Methamphetamine (ice or speed).
Failing the initial lick test will require you to undergo further laboratory analysis, during which you won’t be allowed to drive for 24 hours. If the test confirms the presence of illicit drugs, you will face charges for driving with the presence of such substances.
In most cases, being charged with drug driving will lead to a court appearance. The severity of the offence determines the potential penalties, which may include a court-imposed fine, suspension, cancellation, disqualification of your licence or a gaol sentence.
First-time offences and less serious cases may be resolved outside of court. Police have the power to issue a penalty notice of $603 and impose a 3-month licence suspension for first-time offenders instead of taking them to court.
If you receive a penalty notice, you can appeal to the Local Court on the grounds of either:
- Being not guilty; or
- Pleading guilty but seeking a Section 10 or Conditional Release Order (this would allow you to avoid a conviction, fine or licence disqualification).
If your case proceeds to court, a first-time offence can result in a maximum court-imposed fine of $2,200 and a 6-month licence suspension, while subsequent offences may lead to a maximum $3,300 fine and potentially indefinite licence suspension.
If you plead not guilty and the case is ultimately dismissed, no conviction or penalties will be recorded against you. In the case of a guilty plea, proper case preparation is crucial to increase the chances of receiving a non-conviction order. The experienced traffic defence lawyers at Brander Smith McKnight can advise you on your rights and explore potential legal defences.
Why you need a lawyer
It is important that you receive legal advice. Many traffic offences are criminal offences which may result in a criminal record and a gaol sentence. At BSM we have assisted many hundreds of clients with these charges. Our traffic lawyers will provide you with legal advice to ensure that you achieve the best possible outcome. This may include:
- Preparing you for court
- Obtaining character references
- Obtain evidence of hardship of licence disqualification, such as caring for a sick relative or the need for a licence for employment
- Obtaining medical or psychological reports
- Obtaining references from employers
- Completing traffic offender programs
Brander Smith McKnight lawyers will carefully prepare submissions for sentencing, presenting the best possible legal case to achieve the best outcome.
Our lawyers will appear in court for you, advocate strongly for you and handle the entire court process.
Frequently Asked Questions
What types of traffic offences do Brander Smith McKnight Lawyers handle?
Our lawyers have experience and knowledge in various traffic offences, including drink driving, dangerous or negligent driving, driving while suspended or disqualified, and driving under the influence of drugs.
What is the impact of a traffic offence?
A traffic matter can result in criminal offence charges, loss of licence, or a criminal record. Such outcomes can significantly affect your life, family, and employment.
How does BSM Law approach traffic cases?
We treat each traffic case, regardless of its size, with the utmost thoroughness. Our goal is always to achieve the best possible outcome for our clients.
What are the consequences of different ranges of prescribed concentration of alcohol (PCA) in drink driving cases?
Penalties vary based on the blood alcohol reading. They can range from fines up to $5,500, imprisonment for up to 2 years, and licence disqualification periods up to 5 years.
What is considered dangerous or negligent driving?
Negligent driving occurs when a driver fails to adhere to reasonable and prudent driving standards considering all circumstances. There are varying levels of charges, from those not resulting in bodily harm or death to those that do. The latter carries more severe penalties.
What penalties are associated with driving while suspended or disqualified?
Penalties can be severe, including fines up to $5,500, imprisonment for up to 12 months, and mandatory licence disqualification periods.
What is the offence of driving under the influence of drugs?
This offence occurs when an illicit substance is present in a driver’s blood. Penalties may include a court-imposed fine, licence suspension or cancellation, or a jail sentence. Less severe cases may be resolved outside of court with a penalty notice and licence suspension.
How can BSM Law assist me if I've been charged with a traffic offence?
We can provide legal advice, help you prepare for court, obtain necessary documents such as character references and medical reports, and complete traffic offender programs. We will advocate strongly for you in court and handle the entire court process.
Can BSM Law represent me in court for a traffic offence?
Yes, our lawyers regularly appear in courts throughout Sutherland, Parramatta, and Wollongong and can represent you in your traffic offence case.
How can I arrange a consultation with BSM Law?
You can call us at 02 8539 7475 to arrange a free 20-minute no-obligation consultation that includes a case evaluation and cost estimate.
Will I get a criminal record if charged with drink driving?
Some drink driving offences are criminal offences and a criminal record is a possible outcome. This is why it’s important that you have expert legal representation.
What's a Section 10 and can I get one?
A Section 10 enables the court to exercise its discretion not to record a conviction even where you plead guilty or are found guilty. The criminal lawyers at BSM Sutherland will be able to advise you on the prospects of achieving a Section 10 for a traffic offence and work hard to get you one.
Do I have to go to court if charged with drink driving?
Yes, for mid and high range offences you will be required to appear in court. The lawyers from Brander Smith McKnight will advocate for you, guide you through the process and speak on your behalf.
Is it possible that I will go to jail if convicted of drink driving?
Mid and high range PCA provide a range of penalties including a jail term. There are many factors that need to be considered by the court prior to a jail term being imposed. These include the Guideline Judgment, any presentencing reports and Section 5 of the Crimes (Sentencing and Procedure) Act 1999. Our highly experienced traffic lawyers can provide expert advice on these factors.
Our Locations
Suite 29-15 East Parade
Sutherland 2232
Level 14 Suite 2/3 Parramatta Square, Macquarie St, Parramatta, NSW 2150.
Level 1, Suite 190 Market Street
Wollongong NSW 2500
MLC CentreLevel 57, 19-29 Martin Place
Sydney NSW 2000
9-15 East Parade
Sutherland 2232
Parramatta, NSW 2150.
90 Market Street
Wollongong NSW 2500
Level 57, 19-29 Martin Place
Sydney NSW 2000
