In New South Wales, there are a number of different traffic offences that you can be charged with. These include speeding, running a red light, drink-driving and more. If you are caught committing a traffic offence, you will usually be given a penalty notice. This means that you will have to pay a fine. However, you may also have the option of going to court.
In this article we look into some common Traffic offences examples to address the different offences and what your options are available to you depending on Guilty or Non-Guilty pleas.
Speeding Offence
At GAR Lawyers we can appreciate that your driver’s licence holds a valuable position in your life, and that losing your licence can significantly impact your ability to work, to care for loved ones and to attend to day-to-day needs.
Not Guilty Plea:
If you believe that the Police or RMS have made a mistake and you believe you did not commit a speeding offence, we can appeal on your behalf. This will proceed to a local court date known as a “mention”, where you would confirm a plea in the Local Court.
If a plea for not guilty is maintained, the matter is set down for a hearing where the magistrate will hear from the Police Prosecutor, and the defendant (you) before determining if you are guilty of the offence.
The offence may be disputed on the following grounds:
- You made an ‘honest and reasonable mistake of fact’
- Someone forced you to commit the act,
- You committed the act out of necessity,
- You weren’t the person driving,
- You did not commit the offence at all (e.g., the officer’s ‘estimate of speed’ was wrong, or the radar device was not properly calibrated).
Guilty Plea:
With a plea of guilty, GAR Lawyers’ recommends completion of the Traffic Offenders Intervention Program (TOIP), prior to sentencing to help minimise the sentence.
Street Racing Offences
Due to the increased interest in the media on street racing and ‘hooning’ there has been a crack down on these laws. ‘Street Racing’ has a vague definition which refers to conduct such as:
- A race between 2 or more vehicles on NSW roads
- Any speed trial of a vehicle on NSW roads
- Any competitive trial designed to test the skill of any vehicle or driver on NSW roads
- Organising, promoting, or taking part in any of the above behaviour
The consequences that can be issued as a result of this offence can be serious. It is imperative that you pick the right lawyers to give you a proper defence regarding your street racing matter.
Not Guilty Plea:
In order to plead not guilty, you would need to show that police do not have sufficient evidence to prove the offence. The police must only prove one of the following beyond a reasonable doubt that you:
1. Organised, promoted or took part in a race between 2 vehicles or more or
2. That you organised, promoted, or took part in an attempt to break any vehicle speed record or
3. That you organised, promoted, or took part in any trial of the speed of a vehicle or
4. That you organised, promoted, or took part in a competitive trial designed to test the skill of any vehicle driver, or about the reliability or mechanical condition of any vehicle.
If you feel like the police cannot prove one of these categories, we could discuss a ‘not guilty’ plea.
Guilty Plea:
If you are willing to enter a plea of ‘guilty’, we can advocate on your behalf when you proceed to sentencing, which is where the magistrate will determine an appropriate penalty.
We often recommend for a guilty plea to be entered at an early stage as it will show acceptance of responsibility. This can assist in an up to 25% reduction in sentencing. The following penalties can face when found guilty of these charges.
First Offence:
- Maximum court imposed fine for First Offence – $3,300
- No Gaol Term
- Maximum Disqualification period for a first offence is unlimited
- Automatic disqualification period for a first offence is 12 months
Second Offence:
- Maximum court imposed fine for Second Offence – $3,300
- Maximum goal term for Second Offence is 9 months
- Maximum Disqualification period for a first offence is unlimited
- Automatic disqualification period for a first offence is 12 months
Red Light Camera Offence
Running a red light in NSW, if detected by a Red Light Camera, can land you on the wrong side of the law. You can incur 3 demerit points and a maximum fine of $464.
If you run a red-light camera, infringement notices are usually sent via mail to the registered owner of the car.
Often with red light cameras they can detect gender and a rough estimate of appearance therefore, unless it was a mistaken picture with accurate evidence GAR Lawyers would advise to enter a plea of guilty with an explanation of circumstances.
Negligent Driving Offence
Negligent or dangerous driving means driving without the due care and attention reasonably expected of a driver. It puts you, other drivers and the public at risk, and can result in serious injury or death.
A less serious nature this offence carries an infringement notice with three demerit points.
Negligent driving occasioning Grievous Bodily Harm or death are both very serious charges that carry with them maximum penalties of 9 months and 18 months imprisonment respectively. These charges carry with them the likelihood of a criminal conviction and lengthy loss of licence together with other penalties.
Driving whilst suspended/disqualified
It is an offence in NSW to drive a motor vehicle without a valid licence. This includes the correct classification of licence for that particular vehicle. Different offences apply if you drive a motor vehicle while your licence is disqualified, or if your licence is suspended or cancelled. There are also two separate offences where you drive a motor vehicle and your licence has been suspended or cancelled for non-payment of a fine, or for other reasons.
In NSW penalties include an automatic disqualification period of 12 months, however for habitual offenders can range up to 5 years.
Drug Driving: Driving with an illicit substance present
An individual does not have to be impaired by drugs to be charged with a drug driving offence. It can be something as simple as a prescribed medicine returning a positive result to be charged. To find someone guilty of Driving with a “Prescribed Illicit Drug” present (Section 111 of the Road Transport Act), prosecution does not need to prove that the driver was impaired by any drug at the time of the offence. Merely testing positive for an illicit substance is sufficient for this offence to be made out.
Although there is a table of offences with maximum fines, minimum and maximum disqualification periods and possible imprisonment terms, Magistrates have the discretion to deal with these offences under Section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW). This section allows for a person found guilty of an offence. Magistrate has the power to (a) dismiss the charge; (b) order the person to serve a good behaviour bond up to two (2) years; or (c) order the offender into a rehabilitation program.
Driving under the Influence (DUI): Drink Driving
In NSW, drink driving offences carry heavy penalties which include fines, imprisonment, licence disqualification and interlock orders.
NSW also has an alcohol interlock program. Drivers who are sentenced to an alcohol interlock order are subject to much shorter periods of licence disqualification than those who are not placed on an interlock order. This article outlines the penalties for drink driving offences in NSW.
There are five levels of drink driving:
- Novice range (0.00 to 0.019 for a Learner, P1 or P2 driver)
- Special range (0.02 to 0.049 for a Learner, P1 or P2 driver or a bus or taxi driver)
- Low range (0.05 to 0.079)
- Mid-range (0.08 to 0.149)
- High range (0.15 and higher)
Each range has a different penalties subject to each amount of alcohol.
Novice, Special and Low Range
A person found guilty of this offence for the first time will usually have their licence suspended for a period of 3 – 6 months and can be issued a fine up to $2200.
If this offence is of a reoccurring nature (2 or more), the penalty may result in a disqualification from driving for up to 12 months and can be issued a fine up to $3300.
Mid-range
A person found guilty of mid-range drink driving for the first time faces imprisonment up to 9 months or a fine up to $2200. They will also disqualify you from driving from 6 – 12 months, alternatively you can be disqualified for 6 months and opt for an interlock system for an additional 12 months.
If this offence is of a reoccurring nature (2 or more), they will face a fine up to $3300 and imprisoned for up to 12 months. They will be disqualified from driving for a period of 12 months to 3 years, alternatively you can be disqualified for 9 months and opt for an interlock system for an additional 24 months.
High range
A person found guilty of high range drink driving for the first time faces a fine of $3,300 and can attract a prison term of up to 18 months for a first offence for a first offence,
If this offence is of a reoccurring nature (2 or more), they will face a fine up to $5,500 and can attract an imprisonment term of up to two years.
Anyone charged with high range drink driving will get an immediate licence suspension. A first offender may be disqualified from driving for up to 3 years (or for up to 9 months with an alcohol interlock order for a further 24 months). A person being sentenced for their second or subsequent offence will be disqualified from driving for up to 5 years (or for up to 12 months with an alcohol interlock order for a further 48 months).
Interlock Devices
If you receive an Interlock Order, you must go to your doctor to obtain a ‘Drink-less’ medical certificate sometime within the four weeks prior to the end of your disqualification period. Once your disqualification period has ended, you may apply for an interlock driver’s licence. To qualify, you must have an interlock device expertly fitted to your vehicle.
An interlock device requires that, in order to start your car, you must blow into the device and register a zero BAC result. You may also, at random times, be required to repeat this process to continue driving. You must not drive any other car while you are under an interlock order.
The interlock device will keep a record of any time you record a BAC over zero. Police will be able to access the record and you may be charged with additional offences.
