Are traffic offences crimes?

Major traffic offences such as drink driving, drug driving, reckless driving, driving whilst unlicensed, suspended or disqualified and negligent driving are considered criminal offences in New South Wales. However, it is important to know you cannot receive a criminal record unless the matter goes before a court and a conviction is recorded against you. Fines for traffic offences such as speeding and using a mobile phone while driving are not considered crimes, although they will be entered to your driving record.

Is drink driving a crime?

Drink driving is considered a criminal offence in New South Wales. However, it is important to know that a criminal conviction cannot be entered against your record other than by a court. So, for example, if you receive a criminal infringement notice for low range drink driving and you accept responsibility by paying the fine, this does not amount to a criminal record.

Is drug driving a crime?

Drug driving is considered a criminal offence in New South Wales. However, it is important to know that a criminal conviction cannot be entered against your record other than by a court. So, for example, if you receive a criminal infringement notice for drug driving and you accept responsibility by paying the fine, this does not amount to a criminal record.

Will I get a criminal record for a traffic offence?

‘Major traffic offences’ are criminal offences under the law in New South Wales. These offences include: Any offence involving death or bodily harm to another person caused by or arising out of the use of a motor vehicle, including murder, manslaughter, intentionally or recklessly wounding or causing grievous bodily harm (sections 33 and 35 of the Crimes Act), furious driving (section 53) and causing grievous bodily harm (section 54) Predatory driving (section 51A), police pursuit (section 51B) and failing to stop and assist after impact causing death or grievous bodily harm (section 52AB), Drink driving (section 110 Road Transport Act), Drug driving (section 111), Combined alcohol and drug driving (section 111A), Driving under the influence (section 112), Negligent driving occasioning death or grievous bodily harm (section 117(1)), Driving furiously, recklessly or at a speed or in a manner dangerous (section 117(2)), Menacing driving (section 118), Failing to stop to assist after impact causing injury or death (section 146), Refusing to submit to a breath analysis (clause 16(1)(b) of Schedule 3), Refusing or failing to provide a blood, oral fluid or urine sample (clause 17 of Schedule 3), Wilfully introducing amount or altering concentration of alcohol or other drugs (clause 18 of Schedule 3), or Aiding, abetting, counselling or procuring the commission of, or being an accessory before the fact to any of the above. However, it is important to be aware that you can only receive a criminal record if your case is dealt with in court and a conviction is recorded against your name.

Will I get a criminal record for a speeding fine?

No. Speeding fines do not by themselves carry criminal convictions.

Will I get a criminal record for mobile phone while driving?

No. Mobile phone fines do not by themselves carry criminal convictions.

Will I get a criminal record for driving while suspended or disqualified?

Driving whilst suspended or disqualified can amount to a criminal offence. However, it is important to know that a criminal conviction cannot be entered against your record other than by a court. So, for example, if you receive a criminal infringement notice for driving whilst suspended and you accept responsibility by paying the fine, this does not amount to a criminal record.

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