As we prepare to close our doors for the Christmas break and enjoy time with loved ones, we wanted to share some important information to help keep you and your family safe over the holiday period.
The festive season brings much joy, celebrations, family gatherings, and well-earned rest. Unfortunately, it also sees a significant spike in road incidents, arrests, and domestic violence across NSW. With double demerits now in effect and increased police presence on our roads and in entertainment precincts, a moment of poor judgement, can have lasting consequences.
Here’s what you need to know heading into the holidays.
Double Demerit Points are in Effect
Double demerit points apply in NSW from around 20 December through to early January. This means speeding, using your mobile phone, not wearing a seatbelt, or riding without a motorcycle helmet could cost you twice the usual points.
For drivers already carrying demerit points, a single offence during this period can mean licence suspension.
NSW Police also conduct significantly more random breath tests over Christmas. What feels like “just a couple of drinks” at lunch can easily put you over the limit hours later, alcohol takes longer to leave your system than most people realise.
The legal blood alcohol limit is 0.05 for most drivers, and zero for learner and provisional licence holders. Penalties include fines, automatic licence disqualification, possible imprisonment, and a criminal record that can affect employment and travel.
If you receive a traffic infringement, you have options beyond simply paying the fine. You may be able to appeal the infringement, apply for a good behaviour licence, or seek legal advice about whether the penalty can be reduced or withdrawn. Acting quickly is important, strict timeframes apply.
👉 Speak to our Traffic Criminal Lawyers.
Know your Rights if you’re Arrested
If police arrest you over the Christmas period, your rights don’t disappear just because it’s the holidays.
You have the right to:
- Know why you’re being arrested,
- Contact a lawyer before answering questions,
- Remain silent beyond providing your name and address,
- Receive medical attention if needed.
Our advice: Stay calm, clearly state you want to speak with a lawyer before any interview, and don’t answer questions beyond basic identification until you have legal advice. Many people feel pressure to “just explain” their situation, this is almost always a mistake.
👉 Read our factsheet on getting arrested in NSW.
Domestic Violence: Getting Help
Unfortunately, the Christmas period sees a significant increase in domestic violence incidents. Financial stress, family pressures, and increased alcohol consumption can escalate existing tensions.
If you’re experiencing domestic violence:
- Call 000 if you’re in immediate danger
- Free call the NSW Domestic Violence Line on 1800 65 64 63
(available 24/7) - Apply for an Apprehended Domestic Violence Order (ADVO).
Office Closure
Our office will be closed from 19 December until 5 January. We wish you and your family a safe and peaceful holiday season, and we look forward to continuing to fight for justice in 2026.
From all of us at O’Brien Criminal & Civil Solicitors, stay safe, look after each other, and know that we’re here when you need us.
Wishing all of our readers a happy, festive season and a joyous New Year. Thank you for your continued support in 2025, and we look forward to assisting you in 2026.
