Sydney Criminal Lawyer: The holiday season brings much joy with celebrations and family gatherings. Unfortunately, it also sees a spike in road incidents, arrests, and domestic violence. NSW Police ramp up operations significantly over the Christmas and New Year period, with double demerits in effect and increased presence on roads and in entertainment precincts.
Whether you’re heading to a family barbecue, office party, or just trying to get through the festive season safely, here’s what you need to know about protecting yourself, and your rights.
Double Demerits Are in Effect: When to Speak to a Sydney Criminal Lawyer
Double demerit points apply in NSW during the Christmas and New Year period, typically running from around 20 December through to early January. This means speeding, using your mobile phone, not wearing a seatbelt, or forgetting your motorcycle helmet offence could cost you twice the usual points.
For some drivers, a single offence during this period can mean licence suspension. If you’re already carrying demerit points, one mistake could push you over the threshold.
What to do if you receive a traffic infringement:
You have options beyond simply paying the fine and accepting the points. Depending on your circumstances, you may be able to:
- Appeal the infringement if there are grounds to challenge it
- Apply for a good behaviour licence to avoid suspension
- Seek legal advice from our criminal lawyers about whether the penalty can be reduced or withdrawn
Acting quickly is important. There are strict timeframes for challenging infringements or making applications to the court.
Read our recent successful criminal law case studies.
Drink Driving Over the Holidays
NSW Police conduct significantly more random breath tests over the Christmas period. 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 in NSW is 0.05 for most drivers, and zero for learner and provisional licence holders.
Penalties for drink driving include:
- Fines ranging from hundreds to thousands of dollars
- Automatic licence disqualification
- Possible imprisonment for serious or repeat offences
- A criminal record that can affect employment and travel
If you’re charged with drink driving, the specific circumstances matter enormously to the outcome. Factors like your reading, driving history, and reasons for driving can all influence what penalty you receive, and whether you can minimise the disqualification period.
Speeding and Traffic Offences
Speed cameras and police patrols increase substantially over the holiday period. Combined with double demerits, what might normally be a minor speeding fine can become a serious problem.
Low-range speeding (under 10km/h over) will cost you two demerit points during double demerit periods, four points total.
Mid-range and high-range speeding carries heavier penalties including automatic licence suspension periods that increase with your speed.
Camera-detected offences can sometimes be challenged on technical grounds, but you need to act within the required timeframe and understand what grounds actually apply. 
Your Rights If You’re Arrested in NSW: Sydney Criminal Lawyer
If police arrest you over the Christmas period you have rights that 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 police questions
- Remain silent beyond providing your name and address
- Have an interpreter if English isn’t your first language
- Receive medical attention if you need it
What you should do:
- Stay calm and don’t physically resist arrest
- Clearly state that you want to speak with a lawyer before any interview
- Don’t answer questions beyond basic identification details until you have legal advice
- Remember the names and badge numbers of officers if possible
Police are required to follow specific procedures when arresting and questioning someone. If those procedures aren’t followed properly, it can affect whether evidence is admissible and how your matter proceeds.
Many people feel pressure to “just explain” their situation to police, especially if they believe they’ve done nothing wrong. This is almost always a mistake. Anything you say can be used against you, and police interviews are not the place to tell your side of the story, that comes later, with proper legal support.
Domestic Violence: Getting Help and Knowing Your Options
The Christmas period sees a significant increase in domestic violence incidents. The pressures of family gatherings, financial stress, and increased alcohol consumption can escalate existing tensions.
If you’re experiencing domestic violence, you can:
- 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) to protect yourself
- Access free support services including accommodation, counselling, and legal assistance
Understanding ADVOs:
An Apprehended Domestic Violence Order is a court order that places restrictions on another person’s behaviour towards you. Police can apply for an ADVO on your behalf, or you can apply directly through the Local Court.
If someone breaches an ADVO, it’s a criminal offence carrying potential imprisonment.
If you’ve been accused of a domestic violence offence:
Being charged with a domestic violence offence or having an ADVO taken out against you is serious. These matters can affect your employment, your living arrangements, and your ability to see your children.
You need legal advice immediately. The conditions placed on you, even before any court hearing, can significantly impact your life, and understanding your options early makes a real difference to outcomes.
Typical Offences over Christmas in NSW:
- Drive with low‑range prescribed concentration of alcohol: s 110(3) Road Transport Act 2013 (NSW)
- Drive with mid‑range prescribed concentration of alcohol: s 110(4) Road Transport Act 2013 (NSW)
- Drive with high‑range prescribed concentration of alcohol: s 110(5) Road Transport Act 2013 (NSW).
- Common assault (domestic violence): s 61 Crimes Act 1900 (NSW), flagged as DV related
- Stalk/intimidate intending to cause fear of physical or mental harm (domestic violence): s 13 Crimes (Domestic and Personal Violence) Act 2007 (NSW).
- Contravene apprehended domestic violence order: s 14 Crimes (Domestic and Personal Violence) Act 2007 (NSW).
When You Need a Sydney Criminal Lawyer
Not every Christmas mishap requires a lawyer. But if you’re facing:
- Criminal charges of any kind
- Drink driving charges, especially mid-range or above
- Licence suspension that will affect your employment
- Domestic violence charges or an ADVO
- Any matter where you may receive a criminal record
Getting legal advice early gives you the best chance of a good outcome. Many people assume their situation is straightforward and only seek help when things have already gone wrong in court.
O’Brien Criminal & Civil Solicitors represent clients across NSW in criminal, traffic, and domestic violence matters. If you’ve been charged with an offence or need advice about your rights, contact our team for a confidential discussion about your options.
Speak with a Sydney criminal lawyer today →
