Law

Understanding Driving And Traffic Offences In Australia

Driving and traffic offences have a difficult nature which can make it hard to understand the different types of offences and the consequences related to them. Driving and traffic offences carry a range of penalties that you may face if you are charged with an offence. In New South Wales, consequences may range from fines, licence suspension, and possible imprisonment depending on the severity of the offence. A reputable driving offence lawyer will be able to assist in receiving the best possible outcome if you have been charged with a driving or traffic offence.

There are several traffic and driving offences you may be charged for, with the most common offences being:

  • Speeding offences
  • Driving under the influence (drink and drug driving)
  • Negligent driving
  • Driving whilst your licence is suspended
  • Driving whilst you are disqualified
  • Reckless and dangerous driving
  • Street racing
  • Police pursuits

Driving under the influence charges

A driving offence charge such as a driving under the influence of alcohol or drugs may impact your personal and everyday life in ways such as receiving large fines, undertaking a community service project, receiving a licence suspension or imprisonment for extreme circumstances.

Drink driving offences will be classified into 5 severity levels which include the novice range, special range, low range, mid-range, and high range. In New South Wales, there may be the opportunity to receive a section 10 if the individual who has the driving charge has pleaded guilty and has had an experienced driving offence lawyer represent them and was successful. The court will take several factors into consideration when deciding whether a section 10 would be an ideal consequence for the offence such as their age, character, criminal record, health and mental condition, the nature of their drink driving offence and any extenuating ircistmaces that may be relevant to the case.

Drug driving offences can see penalties of up to $1,100 fine and a suspension of the driver’s licence for 3-6 months. The Court could impose lesser significant penalties where they will consider past record, character and specific circumstances of the specific offence and will conclude whether a different penalty would be better suited.

Speeding offence charges

A traffic offence such as a speeding offence may carry penalties such as loss of demerit points, licence disqualification and fines. The level of penalty depends of the severity of the speeding offence, which may range from being over the speed limit by under 10km/h, between 10km/h and 20km/h, between 20km/h and 30km/h, between 30km/h and 405km/h or over 45km/h. The penalties will increase in severity if the offence occurs in specific circumstances such as within a school zone, or by a provisional licence holder.

A traffic offence lawyer will be able to assist in defending the offender in court to receive the best possible outcome given the circumstances surrounding the offence and the nature of the offence.

Reckless and dangerous driving offences

Reckless and dangerous driving offences can carry heavy penalties in New South Wales such as fines of up to $2,200 and up to 9 months imprisonment depending on the severity of the offence. Along with these penalties, there will be a disqualification of the offender’s licence generally from 3 months to 12 months.

A driving offence lawyer will be able to assist in defending the offender in court against several defences such as duress, necessity, or self-defence if any of the defences are relevant to the specific circumstances.

Driving with a disqualified licence

In New South Wales, driving with a disqualified licence carried heavy penalties such as a maximum fine of $3,300, a mandatory minimum disqualification period of 12 months and imprisonment of up to 18 months, with more severe penalties if the offence has been repeated multiple times.

People who have been charged with driving with a disqualified licence can plead guilty or not guilty. Traffic offence lawyers can defend the offender in court against several defences such as duress, honest and reasonable mistake, or another defence they may be relevant to the specific circumstance.

Are you searching for assistance for a driving or traffic offence?

Have you been charged with a driving or traffic offence? If you are looking for assistance or advice for a traffic or driving charge, reach out to a team of reputable traffic offence lawyers. Understanding the specifics of driving and traffic charges can be difficult, which is why it is beneficial to receive professional advice and guidance.

An experienced driving offence lawyer or traffic offence lawyer will be able to provide you with personalised advice on your specific circumstance and charge and will be able to answer any questions you may have about your charges and what they may mean for you.

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