Menu
Driving Offences & Traffic Lawyers
Driving Offences & Traffic Lawyers
Jump To
Our traffic lawyers are experienced in helping clients achieve the best possible outcome for traffic and driving offences.
We can give you expert advice about penalties, demerit points, the risk of licence disqualification and fight to keep your licence in the entire range of traffic offences including:
- speeding offences;
- drink driving offences;
- driving under the influence of drugs;
- driving whilst disqualified or suspended;
- negligent driving;
- dangerous driving;
- negligent driving causing death or grievous bodily harm;
- dangerous driving causing death or grievous bodily harm.
Why is it important to get legal advice?
Being charged with any sort of driving or traffic offence can be a daunting experience. It can mean a large fine, a loss of licence and even a criminal conviction. We understand that losing your licence is not just an inconvenience, it can also have far reaching consequences for you, your family and your livelihood.
In New South Wales, traffic law is unnecessarily complex. The traffic lawyers at O’Brien Criminal and Civil Solicitors have gained extensive knowledge and experience in helping thousands of clients fighting their traffic and driving offence charges. We can ensure that you are best informed of all your options. We can advise you on the appropriateness of traffic offenders programs and other avenues that may mitigate the penalty arising from a breach of the traffic law.
Challenging a Driving Fine
If you believe that you’ve got a rough deal from the RTA / RMS or the police in relation to speeding, traffic cameras or any other traffic offence, or that you have a strong argument to keep your licence, O’Brien Criminal and Solicitors can help you to avoid a fine or loss of points and keep your licence.
Note that even some parking offences can mean demerit points for you.
Dealing With Drink Driving Charges. What Legal Options Are Available?
If you have been found driving with a blood alcohol reading in excess of the prescribed concentration of alcohol (PCA) limits, police will generally issue you with a penalty notice, or a Court Attendance Notice with a date to attend the Local Court. Police may also immediately suspend your licence until your court date.
When you’ve been charged with drink driving, there are two options available in Court:
Pleading ‘not guilty’
Pleading Guilty
Pleading ‘not guilty’
If you plead not guilty, the court will set down a date for Hearing. At the Hearing, the Magistrate will consider evidence from you and the prosecution to determine the case. The Court will then deliver a verdict of ‘guilty’ or ‘not guilty’.
If you are found ‘not guilty’, your charge is dismissed and your matter is concluded. You will not have a licence disqualification, criminal record, or fine. If your licence was suspended at the time you were charged, you can resume driving.
If you are found ‘guilty’, your matter will proceed to a sentence where the Magistrate decides a penalty. This may be on the same day, or on another date set by the Court.
Pleading Guilty
If you plead guilty (or are found guilty), your case will proceed to a sentence. The court may impose one or more penalties. The penalty you receive will depend on several factors, including the offence, your traffic history, your criminal history, and any mandatory minimum penalties. You may receive one or more of the following:
Licence Disqualification
If you are convicted or plead guilty to drink driving, the Court’s starting point is generally to impose the automatic period of disqualification. The Court may reduce your disqualification period below the automatic period of disqualification, however they cannot reduce it below the minimum disqualification period without ordering a s 10 (see more on this below).
The minimum disqualification period depends on several factors, including your blood alcohol level at the time of the offence, and whether it is your first or second or subsequent offence. At the lowest end of the scale, the minimum disqualification period is 3 months for your first offence for a low range, novice range or special range PCA office. At the higher end, the minimum disqualification period for a high range PCA offence is 12 months, with an unlimited maximum disqualification period.
Fines
The Court may impose a fine in addition to disqualifying your licence. Like disqualification periods, the fine will depend on several factors including your blood alcohol level at the time of the offence, and whether it is your first or second or subsequent offence.
For a complete guide on minimum and maximum disqualification periods, fines, and prison terms, see our summary on drink driving penalties.
Criminal record
If you are found guilty or plead guilty, your drink driving offence will appear on your criminal record. However, you may be able to ask the court for a ‘Section 10’. Under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW), a court can find you guilty, but discharge your matter without recording a conviction. If you receive a s 10, the mandatory licence disqualification periods do not apply.
You are not eligible for a s 10 for PCA offences if you have received a s 10 for another serious offence in the last 5 years.
How we Can Help
Examples of how we have assisted clients in their traffic and driving cases can be found below. Click the Driving Offences Cases Box to find out more!
You can see by these that we have a wealth of experience in defending clients in a range of traffic and driving matters. Contact O’Brien Criminal and Civil Solicitors on (02) 9261 4281 to book an free initial appointment with an experienced criminal lawyer. Alternatively, you can drop us a message through our contact form.
