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Traffic and driving offences

Traffic offence lawyers in NSW - Stacks Law Firm

Been charged with a traffic offence and unsure as to what your rights and options are? Get honest, expert advice on what to do next from the expert traffic offence lawyers at Stacks.

Being charged with a traffic offence, no matter how minor, can be stressful. Governments continue to crack down on driving offences and individuals can expect to face increasingly severe penalties. Having quality legal representation can make all the difference.

The unique circumstances of your case will determine your options. Stacks will explain the options available to you and the advantages and disadvantages of each. We will advise you on any available defences and work to minimise any penalty or license disqualification period. If you have had your license suspended by Roads and Maritime Services (RMS) or the police, there may be grounds to appeal the suspension in the Local Court.

Here are some examples of traffic offences that we can assist you with.
Drink / drug driving charges
  • Driving with a prescribed concentration of alcohol (PCA)
    A PCA charge will usually be laid if the police allege that you were breathalysed while in control of a vehicle, and the amount of alcohol in your system was over the legal limit for your particular licence.If you plead guilty, or are found guilty, then the maximum penalty will depend on how much alcohol was in your system at the time the offence was detected, and whether this is your first major traffic offence within the last five years. (See commonly asked questions below.)
  • Drug driving
    This charge is likely to be laid if the police allege that you had cannabis, amphetamines, morphine or cocaine in your system while you were in control of a vehicle. This will generally be determined by a drug test (the “lick test”) or sometimes through a blood or urine test following an accident. It is important to bear in mind that the prosecution does not have to prove that you had a particular quantity of drugs in your system before you are considered guilty of this offence.In other words, even drugs that have been in your system for a long time could cause you to be charged with this offence. If you plead guilty, or you are found guilty, the maximum penalty for a first offence is a fine of $1,100. Automatic and minimum licence disqualification periods apply, of six and three months respectively.
  • Driving under the influence of alcohol or drugs (DUI)
    A DUI charge will usually be laid if the police allege that you were in control of a vehicle while affected by alcohol or drugs of any kind, but they have not been able to administer a test or get an accurate reading. If you plead guilty, or are found guilty, the maximum penalty for a first offence is a fine of $2,200 and/or imprisonment for nine months. Automatic and minimum licence disqualification periods apply, of 12 and six months respectively.
Other traffic charges
  • Dangerous or reckless driving
    The maximum penalty for a first offence is a fine of $2,200 and/or imprisonment for nine months, in addition to a minimum licence disqualification period of 12 months. This is one of the more serious traffic offences and the penalty will take into account how potentially dangerous your actions were to others.
  • Speeding
    Often a speeding offence will just result in a fine and demerit points. The penalty will depend on how fast you were going, and other factors such as where you were speeding (eg the penalty is harsher if you were in a school zone). You can appeal the charge in the Local Court, but if the court finds you guilty you may face a harsher penalty, such as the loss of your licence if your speed was more than 30 kph over the speed limit. For driving more than 45 kph over the speed limit, the maximum penalty is a fine of $2,530 and/or a minimum disqualification period of six months.
  • Driving while unlicensed or disqualified
    The maximum penalty for a first offence is a fine of $3,300 and/or imprisonment for 18 months, and a minimum disqualification period of 12 months.
  • Driver licence appeals
    If you are issued with an immediate licence suspension notice, after you are detected drink driving, or exceeding the speed limit by more than 30km/h, it is possible to appeal the immediate licence suspension while the drink driving or speeding matter is resolved. You will need to show that there are “exceptional circumstances” warranting the appeal. People who hold an open licence cannot appeal a licence suspension due to an accumulation of demerit points. However, you may be eligible to enter a 12 month good behaviour bond in lieu of the demerit point suspension. However, be warned - if you accumulate more demerit points within the good behaviour period, your licence will be suspended for the double the time it otherwise would have been.
If you or someone close to you has been charged with a driving offence, we can give you free, no obligation advice about your rights. Speak to the criminal lawyers at Stacks

Commonly asked questions about traffic offences

Being charged with a “first offence” means this is your first major traffic offence within five years. If you have previous convictions for major traffic offences within the last five years, you will be treated as committing a “second offence.”

It is important to bear in mind that if you are charged on the basis that this is a second offence, higher maximum penalties apply, as well as longer periods of licence disqualification. It is also possible that you may be subject to mandatory interlock orders.

An interlock is an electronic breath testing device linked to the ignition system of a car, motorcycle or heavy vehicle. The driver must provide a breath sample to check for the presence of alcohol and if alcohol is detected, the vehicle will not start. There are also randomly timed breath tests throughout the journey.

Offenders convicted of high range, repeat, and other serious offences may be ordered by the court to participate in the interlock program as a condition of having their licence reinstated (in addition to a minimum licence disqualification period.)

More information about the mandatory interlock program is available here.

This relates to learner drivers and provisional license holders who drive a motor vehicle with an alcohol concentration between 0.01 and 0.019. The maximum fine for a first offence (within five years) is $1,100. Automatic and minimum licence disqualification periods apply, of six and three months respectively.

This relates to special category licence holders who drive a motor vehicle with a blood alcohol concentration between 0.020 and 0.049. The maximum fine for a first offence (within five years) is $1,100. Automatic and minimum licence disqualification periods apply, of six and three months respectively.

This means driving a motor vehicle with a blood alcohol concentration between 0.050 and 0.079. The maximum fine for a first offence is $1,100. Automatic and minimum licence disqualification periods apply, of six and three months respectively.

This means driving a motor vehicle with a blood alcohol concentration between 0.080 and 0.149. The maximum penalty for a first offence is imprisonment for nine months and/or a $2,200 fine. Automatic and minimum licence disqualification periods apply, of 12 and six months respectively.

This means driving a motor vehicle with a blood alcohol concentration of at least 0.150. The maximum penalty for a first offence is imprisonment for 18 months and/or a $3,300 fine. Automatic and minimum licence disqualification periods apply, of three years and 12 months respectively.

PCA offences require proof that you had a certain quantity of alcohol in your system. DUI offences require proof that your driving was affected by alcohol or drugs, regardless of the quantity of alcohol or drugs in your system. This will often mean that the police, or other road users, have observed you driving erratically, in circumstances where it is reasonable to conclude that you were affected by drugs or alcohol.

This means someone who has been convicted of three or more “major traffic offences” within a period of five years. The Roads and Maritime Services (RMS) will add an extra five year disqualification period to the disqualification period imposed by the court. Stacks will work to prevent you being declared a “habitual traffic offender”, or to have your habitual traffic offender status quashed, by attempting to prove that the additional disqualification period would be too severe with regard to your unique circumstances.

A “section 10 dismissal” means that the court does not record a conviction against you. In all criminal cases, the court has the discretion to deal with the case according to the provisions of section 10. As a condition of a section 10 dismissal, you may be required to sign an undertaking to be of good behaviour for a certain period of time, up to two years. However, with a section 10 dismissal there is no additional penalty and you will not have a criminal record.

It is important to bear in mind that, where a minimum license disqualification period applies to a traffic offence, a section 10 dismissal is the only way to avoid losing your licence.

Providing character references about your good character will assist your matter in court. These may be written by family friends, neighbours, work colleagues, or anyone who can provide a positive opinion about your character and any observations about you that might assist your particular matter.

It may be possible to beat a PCA drink driving charge through one of the following defences:

  • Challenging the reading
    The PCA offence relates to the amount of alcohol in your system at the time you were driving. It may be possible to prove that the reading of the police breath test did not represent your alcohol level at the time you were driving. For example, the test may have been conducted a little later, and your blood alcohol level may have fluctuated. A number of factors would need to be taken into consideration, such as how many drinks you had consumed, your weight and height, food you had consumed, medications you were taking and so on.
  • The two hour rule
    If two hours had passed between the time you were driving and the time the police conducted a breath test, then the reading of the test may not be allowed as evidence to prove you were intoxicated.
  • The “home safe” rule
    The police cannot breath test you at home. If you have already arrived home, then the reading of a test may not be allowed as evidence that you were intoxicated. The precise definition of “home” can be problematic. Stacks will be able to assist you if you believe this might be a relevant defence.
  • Honest and reliable mistake
    If you honestly believed that you were not over the limit, you may have a possible defence, although it can be difficult to prove. The success of this defence will depend on the circumstances. For example, you may have been genuinely unaware that your cold and flu medication contained alcohol and could potentially tip you over the legal limit.

This program is regulated under the Criminal Procedure Act. If you have pleaded guilty to a traffic offence, or been found guilty, the local court may refer you this program in order to develop safer driving behaviours and skills. It is a good idea to do the Traffic Offenders Intervention Program voluntarily though, prior to being sentenced for a traffic offence. This is because the court is obliged to take your participation in the program into account in determining the sentence, as evidence of remorse and commitment to rehabilitation.

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We’ll always be honest and upfront. We’ll look you straight in the eye and agree on a plan before moving forward.

We know the ropes and our professionals have expertise specific to every legal situation—many are Accredited Specialists.

We speak clearly and directly, so you understand our advice and can make decisions with confidence.

We’re local to wherever you are, and our offices are owned and operated by friendly, local professionals, proud of their communities.

We genuinely care about our clients. It’s the core of who we are and has been since the first practice was opened by ER Stack on the NSW Mid-North Coast in 1931.

We make the process easy for you with the latest tech to keep services cost effective—and you in control.

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