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Home Page 2017-05-17T00:55:35+00:00

NEW SOUTH WALES TRAFFIC SPECIALISTS

Just Traffic Law have extensive experience in New South Wales, where traffic offences are treated seriously and expert legal advice can help to minimise expense and inconvenience. Our goal is to help you retain your licence wherever possible.

Our highly experienced team has represented clients in both local and district courts and, in many instances, has obtained Section 10s for traffic matters ranging from Drink Driving and Drug Driving to Negligent Driving Occasioning Grievous Bodily Harm and Dangerous Driving.

Please contact us today to arrange a free initial consultation. Our rates are competitive with no hidden costs, and we are happy to discuss a fixed-fee agreement where relevant. Call 02 8251 0038 or email info@justtrafficlaw.com.au

 PHONE 02 8251 0038

 SOPHIE 0417 669 703

 DAN 0431 154 715

OFFENCES & CHARGES

The Just Traffic Law team puts significant time into proper preparation, whether your matter is a defended hearing or a sentence following a guilty plea. This dedication helps to minimise charges and penalties.

Just Traffic Law can assist with the following offences:

Drink Driving is an offence whereby a person is found to be operating a motor vehicle on a public road in NSW under the influence of alcohol over the prescribed concentration limit. The offence also applies to public footpaths, cycle lanes, public car parks or any area that is not a road but is open to or used by the public for driving, riding or parking vehicles.

You must submit to a random breath test if you are:

  • Driving a motor vehicle on the road and occupying the driver’s seat
  • Attempting to put a motor vehicle in motion
  • In the passenger seat of a motor vehicle next to a driver who holds a learner’s license and is driving

A police officer has the right to arrest you if:

  • You are found guilty of Drink Driving over the recommended alcohol concentration limit
  • You refuse to take a random breath test

If you are arrested, the police officer will take you to a roadside testing vehicle or the police station for the purpose of taking a breath analysis. This test is carried out using a breath-analysis instrument that accurately detects the concentration of alcohol present in a person’s breath or blood. In some cases a blood test will also be required.

If the breath analysis is positive, you will be banned from driving for 24 hours, during which time your sample will be sent to a laboratory for analysis. If the laboratory confirms the sample is positive, police will contact you and charge you with Drink Driving.

It is a crime for a person to purposely consume more of a substance to alter the level of alcohol in their blood or breath between the time of the alleged offence and the time of testing.

Charges and penalties are dependent on the type of licence you hold, whether or not this is your first Drink Driving offence and how much alcohol has been consumed.

Drug Driving is an offence whereby a person is found to be operating a motor vehicle on a public road in NSW under the influence of drugs.

The offence also applies to public footpaths, cycle lanes, public car parks or any area that is not a road but is open to or used by the public for driving, riding or parking vehicles.

In New South Wales there are six major Drug Driving offences:

  • Driving under the influence of drugs
  • Having the presence of certain types of substances in oral fluid, blood or urine
  • Refusal to submit a drug test
  • Altering the amount of drug before an oral fluid test
  • Driver/supervisor involved in a fatal accident failing to supply a blood/urine sample
  • Fail on demand to provide a blood/urine sample or altering the result of a drug in the blood prior to being tested

You must submit to a drug test if you are:

  • Driving a motor vehicle on the road and occupying the driver’s seat
  • Attempting to put a motor vehicle in motion
  • In the passenger seat of a motor vehicle next to a driver who holds a learner’s license and is driving

Drivers can be randomly asked to submit an oral fluid test for a range of drugs, including:

  • THC (Delta-9-tetrahydrocannabinol), also known as cannabis
  • Methylamphetamine, also known as ice or speed
  • Methylenedioxymethamphetamine, also known as MDA or ecstasy
  • Morphine
  • Cocaine

A police officer has the right to arrest you if:

  • You are found guilty of Drug Driving
  • You refuse to provide a saliva sample

If you are arrested, the police officer will take you to a roadside testing vehicle or the police station for the purpose of taking a saliva sample. If the sample is positive, you will be banned from driving for 24 hours, during which time your sample will be sent to a laboratory for analysis. If the laboratory confirms the sample is positive, police will contact you and charge you with Drug Driving.

Charges and penalties are dependent on the type of licence you hold and whether or not this is your first Drug Driving offence.

Designed to encourage safe and responsible driving, the Demerit Points Scheme is a national program that allocates penalty points (demerits) for a range of driving offences, including mobile phone use.

A driver who has not committed any offences will have zero demerit points. If that driver commits an offence that carries demerit points, the points will be added to their record. If the driver reaches the threshold number of demerit points within a period of three years, his/her licence will be suspended or refused by Roads & Maritime Services (RMS).

The points thresholds are:

  • Unrestricted licence – 12 points
  • Provisional P2 licence – 7 points
  • Provisional P1 licence – 4 points
  • Learner licence – 4 points
  • Unrestricted licence with a good behaviour period – 2 points (within the term of the good-behaviour period).

If your licence has been suspended or refused, the RMS will issue a Notice of Suspension or Refusal that will specify the start date.

The period of suspension for unrestricted licence holders depends on the number of points accumulated:

  • 13-15 points – 3 months
  • 16-19 points – 4 months
  • 20 or more points – 5 months

The period of suspension for provisional and learner licence holders is 3 months.

This offence is committed by a person who drives a motor vehicle on a public road in NSW after their licence has been cancelled by Roads & Maritime Services.

Recording a conviction against you for the offence is at the court’s discretion, irrespective of your traffic record. If the court decides not to record a conviction, you will not be disqualified from driving.

If this is your first offence and the court decides to convict you, the penalties available to the court are:

  • A maximum fine of $3,300
  • An unlimited maximum disqualification period
  • A mandatory disqualification period of 12 months

If this is your second or subsequent offence within a five-year period, the penalties available to the court are:

  • A maximum fine of $5,500
  • An unlimited maximum disqualification period
  • A mandatory disqualification period of two years

This offence is committed by a person who drives a motor vehicle on a public road in NSW after their licence has been disqualified by a court. This offence is taken very seriously by the courts.

Recording a conviction against you for the offence is at the court’s discretion, irrespective of your traffic record. If the court decides not to record a conviction, you will not be disqualified from driving.

If this is your first offence and the court decides to convict you, the penalties available to the court are:

  • A maximum fine of $3,300
  • An unlimited maximum disqualification period
  • A mandatory disqualification period of 12 months
  • A maximum prison term of 18 months

If this is your second or subsequent offence within a five-year period, the penalties available to the court are:

  • A maximum fine of $5,500
  • An unlimited maximum disqualification period
  • A mandatory disqualification period of two years
  • A maximum prison term of two years

This offence is committed by a person who drives a motor vehicle on a public road in NSW after their licence has been suspended by Roads & Maritime Services.

Recording a conviction against you for the offence is at the court’s discretion, irrespective of your traffic record. If the court decides not to record a conviction, you will not be disqualified from driving.

If this is your first offence and the court decides to convict you, the penalties available to the court are:

  • A maximum fine of $3,300
  • An unlimited maximum disqualification period
  • A mandatory disqualification period of 12 months or a mandatory disqualification period of three months if suspended for nonpayment of a fine

If this is your second or subsequent offence within a five-year period, the penalties available to the court are:

  • A maximum fine of $5,500
  • An unlimited maximum disqualification period
  • A mandatory disqualification period of two years

Penalties for driving unlicenced vary according to whether you have ever held a licence. If previously licenced, the penalty is $2,200. This fine increases to $3,300 and a mandatory licence disqualification for a repeat offender who has never held a driver’s licence of any kind in Australia for at least five years immediately prior to the offence being committed.

In broad terms, Negligent Driving refers to situations where you cause an accident, however your manner of driving was not dangerous enough to bring about the more serious charge of Dangerous Driving.

In New South Wales, the three main Negligent Driving charges are:

  • Negligent Driving not occasioning death or grievous bodily harm: This is often the result of a minor crash and is usually dealt with by way of a Traffic Infringement notice, issued to any or all vehicles involved.
  • Negligent Driving occasioning grievous bodily harm: This serious charge carries maximum penalties or 9 and 18 months imprisonment, the likelihood of a criminal conviction and loss of licence.
  • Negligent Driving occasioning death: This serious charge carries maximum penalties or 9 and 18 months imprisonment, the likelihood of a criminal conviction and loss of licence.

Dangerous Driving refers to situations where you drive dangerous and cause an accident that results in either grievous bodily harm to another person, or death.

In New South Wales, the main Dangerous Driving charges are:

  • Dangerous Driving causing death (DUI drug/alcohol)
  • Dangerous Driving causing death (speed dangerous)
  • Dangerous Driving causing death (manner dangerous)
  • Aggravated Dangerous Driving causing death
  • Dangerous Driving causing grievous bodily harm
  • Dangerous Driving causing grievous bodily harm (manner dangerous)

The penalties for Dangerous Driving are severe – the maximum penalty for Dangerous Driving causing death is 10 years imprisonment. If the offence is aggravated, the maximum penalty is 14 years imprisonment.

Also known as Skye’s Law, Police Pursuit is listed under section 51B of the New South Wales Crimes Act. It was introduced after toddler Skye Sassine was killed when a driver crashed into her parents’ car while attempting to escape police.

Police Pursuit brings a maximum penalty of three years in prison for a first offence, or five years in prison if you have been convicted on another major offence within the previous five years. The minimum driving disqualification period is one year.

This is a highly technical offence and, in order for the charge to be successful, police must prove their case in court by demonstrating each of the following beyond all reasonable doubt:

  • That the driver knew, ought reasonably to have known or had reasonable grounds to suspect that police officers were in pursuit.
  • The driver knew, ought reasonably to have known or had reasonable grounds to suspect that he/she was required to stop the vehicle.
  • The driver did not stop the vehicle.
  • The driver subsequently drove the vehicle recklessly or at a speed or in a manner dangerous to others.

The charge cannot be proven if the driver did not know or had no reason to suspect the police were in pursuit. In addition, reckless or dangerous driving has to have occurred after the pursuit has commenced.

Penalties for Police Pursuit vary and are dependent on the offender’s criminal or traffic record, the seriousness of the offence and the offender’s personal circumstances. Due to the technical complexities of this offence, it is highly recommended that you seek expert advice.

You can be declared a Habitual Traffic Offender if a court within NSW convicts you of a relevant offence and you have also been convicted of at least two other relevant offences, committed on separate occasions, within the previous five years.

Relevant offences include:

  • Murder or manslaughter
  • Any offence under the Crimes Act 1900
  • Driving recklessly/furiously/at a speed dangerous to the public
  • Driving negligently and cause death or grevious bodily harm
  • Menacing driving
  • Drink Driving offences
  • Refusing/failing a breath/blood/urine/oral test
  • Altering a breath/blood/urine/oral test
  • Aiding, abetting, counselling or procuring the commission of one of the above offences
  • Driving more than 45 kilometres over the speed limit
  • Driving unlicensed (second offence)
  • Drive or make an application for a licence while disqualified, suspended or cancelled

In addition to any disqualification period imposed by the court and resulting in you being declared a Habitual Traffic Offender, Roads & Maritime Services will disqualify you from driving for an additional five years or longer.

You can apply to have the declaration set aside or have the disqualification period, however the period cannot be reduced to a period shorter than two years.

If your licence has been suspended, you can appeal the decision on the Local Court if:

  • Roads & Maritime Services suspended your licence for exceeding the limit by more than 30 or more than 45 kilometres per hour.
  • You hold a P1 or P2 provisional driver’s licence and it has been suspended by Roads & Maritime Services for loss of demerit points
  • The police suspended your licence on the spot for exceeding the speed limit by more than 45 kilometres per hour

The court will generally make a decision based on the following:

  • The circumstances surrounding the offence
  • Your traffic record and character
  • Your need for a licence

The court will either:

  • Allow your appeal, in which case you can keep your licence
  • Disallow your appeal, in which case you will be suspended for the time set by the RMS or the police at the roadside
  • Make an order it deems just

The court has the power to reduce the suspension period down to any period they see fit; including one day.

In cases of a roadside suspension for a serious speeding offence the court has to find exceptional circumstances before it can allow the licence appeal.

Note: You have just 28 days from the date the suspension was issued to lodge your appeal.

KNOW YOUR LIMITS

Drink Driving is viewed as a serious offence in New South Wales, and penalties are harsh.
PCA stands for ‘Prescribed Concentration of Alcohol’.

Committed by a person who holds either a learner or provisional licence and drives a motor vehicle on a public road with a blood alcohol concentration above 0.000 and not higher than 0.019.

First offence: Maximum fine: $1,100. Automatic disqualification period: 6 months. Minimum disqualification period: 3 months.

Second or subsequent major offence (within five years): Maximum fine: $2,200. Automatic disqualification period: 12 months. Minimum disqualification period: 6 months.

Committed by a special-category driver (such as a bus or taxi driver) who drives a motor vehicle on a public road with a blood alcohol concentration of at least 0.020 but not higher than 0.049.

First offence: Maximum fine: $1,100. Automatic disqualification period: 6 months. Minimum disqualification period: 3 months.

Second or subsequent major offence (within five years): Maximum fine: $2,200. Automatic disqualification period: 12 months. Minimum disqualification period: 6 months.

Committed by a person who drives a motor vehicle on a public road with a blood alcohol concentration of at least 0.050 but not higher than 0.079.
First offence: Maximum fine: $1,100. Automatic disqualification period: 6 months. Minimum disqualification period: 3 months.

Second or subsequent major offence (within five years): Maximum fine: $2,200. Automatic disqualification period: 12 months. Minimum disqualification period: 6 months.

Committed by a person who drives a motor vehicle on a public road with a blood alcohol concentration of at least 0.080 but not higher than 0.149.

First offence: Maximum fine: $2,200. Maximum jail sentence: 9 months. Automatic disqualification period: 12 months. Minimum disqualification period: 6 months.

Second or subsequent major offence (within five years): Maximum fine: $3,300. Maximum jail sentence: 12 months. Automatic disqualification period: 3 years. Minimum disqualification period: 12 months.

Committed by a person who drives a motor vehicle on a public road with a blood alcohol concentration of at least 0.150 and above.

First offence: Maximum fine: $3,300. Maximum jail sentence: 18 months. Automatic disqualification period: 3 years. Minimum disqualification period: 12 months.

Second or subsequent major offence (within five years): Maximum fine: $5,500. Maximum jail sentence: 2 years. Automatic disqualification period: 5 years. Minimum disqualification period: 2 years.

TO REQUEST A QUOTE OR ASK A QUESTION, CALL 02 8251 0038 OR EMAIL info@justtrafficlaw.com.au