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Traffic Lawyers & Offences in NSW

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Expert Traffic Lawyers in Sydney

Being in a situation where you could lose your driver licence and potentially have a criminal conviction recorded against your name can be stressful and unsettling.

You may be concerned about your ability fulfil your work or family commitments, and the overall impact of potentially being off the road for a significant period of time.

The situation can be made worse if you are facing a criminal record, and worse still where the charges are serious enough to jeopardise your reputation and even your freedom.

But rest assured the situation can be substantially improved by obtaining advice and representation from specialist traffic lawyers with a proven track record of helping drivers to keep their licences, avoid a criminal record and – in serious cases – maintain their reputation and liberty.

The Sydney Criminal Lawyers® defence team is vastly experienced in assisting drivers to obtain optimal outcomes in traffic cases, such as avoiding licence suspensions and disqualifications as well as criminal records by achieving ‘section 10s’ and ‘conditional release orders without conviction’. 

We do this by using our thorough knowledge of traffic law and procedure to develop and implement effective strategies that achieve results; whether that involves thoroughly preparing and persuasively presenting cases in court to avoid a suspension, disqualification and/or criminal record, or building defence cases to have serious traffic cases withdrawn, downgraded or thrown out of court.

So, whether you have received a speeding ticket and are worried about the impact on your licence, or been given a penalty notice for low range drink driving – or a court attendance notice for mid or high range – or been charged with a more serious driving offence such as dangerous driving occasioning death or GBH, contact us now to arrange a conference with an experienced traffic lawyer who will fight for the best possible outcome in your case.

If you’re going to court, we offer a free first conference for all traffic cases.

We also offer fixed fees for most traffic cases.

So Call us 24/7 on (02) 9261 8881 to book your conference.

NSW Traffic Offences

Click on the appropriate link below for information about a specific traffic offence:

What should I do if I am not guilty of traffic offence?

If you have been charged with a ‘major traffic offence’ such as drink or drug driving, driving whilst suspended or disqualified, negligent, reckless or dangerous driving, one of the initial matters to consider if whether you are in fact guilty of the allegations made against you.

You may be considered not guilty of a traffic offence for any one of several reasons, including:

  • The evidence is insufficient to establish all of the ‘elements’ (ingredients) of the offence beyond a reasonable doubt,
  • There are material deficiencies, inconsistencies or technical issues with the prosecution case, or
  • You have a valid legal defence to the allegations, including any available ‘statutory defence’ (which is a defence contained in the legislation that applies to the specific offence) or general legal defence such as honest or reasonable mistake, duress or necessity.

In addition to this, the prosecution may consider withdrawing the charge/s if it is not in the ‘public interest’ to pursue the case finality.

It is a good idea to seek advice about these matters from an experienced traffic lawyer, as they will be able to advise you regarding whether any of the above may apply to your particular situation.

A specialist traffic lawyer who is able to identify matters which assist you will be able to:

  • Formulate a case strategy which provides you with the greatest prospects of having your charge/s withdrawn or dismissed,
  • Undertake the defence work required to effectively execute that strategy, whether that involves preparing defence statements, engaging experts to provide reports, obtaining materials by subpoena and all other work required to ensure your prospects of having the charge/s withdrawn or dismissed are maximised,
  • Make written submissions to, and engage in negotiations on your behalf with, the appropriate prosecuting body – whether it is the police, DPP or RMS – with a view to having the case against you withdrawn, and/or
  • Fight to have the charge/s dismissed in court if the prosecuting body nevertheless wishes to take the matter to a defended hearing (in the Local Court) or trial (in the District Court).

Similarly, if you wish to contest a penalty notice (eg a fine from the RMS), an experienced traffic lawyer will be able to prepare and execute a strategy that is specific to your circumstances, make written submissions / enter negotiations with a view to having the penalty revoked, or fight to have the allegation dismissed in court if the prosecution nevertheless wishes to continue with the proceedings.

Your lawyer will be able to explain the process and look after the legal side of things, so you can focus on what’s important in your life.

What should I do if I am guilty of a traffic offence?

If you have been accused of a ‘major traffic offence’ such as drink or drug driving, driving whilst suspended or disqualified, negligent, reckless or dangerous driving and wish to plead guilty, it is a good idea to seek advice from an experienced traffic lawyer.

A good traffic lawyer will be able to maximise your prospects of achieving he most lenient outcome that is appropriate in your particular circumstances.

Depending on your situation, this may include a ‘non-conviction order’ such as a section 10 dismissal or a conditional release order without a conviction, which mean you will avoid a criminal record, licence disqualification and a fine, so you can move forward with your life without the burden of a criminal conviction.

The likelihood of achieving such an outcome will be increased where your lawyer is able to:

  • Negotiate the downgrading of your charge (eg from dangerous driving to negligent driving, reckless driving to speeding, or high-range to mid-range drink driving supported by a pharmacological report obtained on your behalf),
  • Negotiate the amendment of the police allegations (known as the ‘police facts’) to make them less-serious,
  • Guide you on the preparation of materials such as character references and a letter of apology to the court, which can provide an insight into your conduct, show that you are remorseful, and provide the magistrate with some comfort that you will not reoffend,
  • Assist you to undertake relevant programs to address any issues which the court may believe could lead to future offending, such as a traffic offender program, SMART recover program or counselling, and
  • Present your case persuasively inside the courtroom.

If you suffer from a mental health or cognitive impairment, such as depression, anxiety or another type of condition, an application can be made in court to have your traffic case dismissed on the condition that you enter a mental health treatment plan

If the application is successful, you will not have a criminal conviction or even a finding of guilt recorded against your name.

Do I need a traffic offence lawyer?

The question of whether you wish to engage an expert traffic lawyer to advise and/or represent you is entirely a matter for you; there is no rule that says you must obtain the services of a lawyer.

That said, an experienced traffic lawyer will be able to assist you by:

  • Advising you about the law, your options and the best way forward,
  • Making written submissions to, and entering negotiations on your behalf with, prosecuting bodies such as the police or RMS in order to have charges withdrawn or a penalty notice revoked if there are deficiencies, inconsistencies or other issues with the allegations, or if you have a valid legal defence,
  • Making written submissions to, and entering negotiations with, police in order to have charges downgraded and/or the police ‘facts’ amended so they are less-serious if you wish to plead guilty to a ‘major traffic offence’ such as drink or drug driving, driving whilst suspended or disqualified, negligent, reckless, furious or dangerous driving,
  • Guiding you in the preparation of relevant materials such as a letter of apology to the court, character references, any relevant medical, personal or employment-related materials, and the undertaking of any relevant courses if you wish to plead guilty to a major traffic offence or are seeking to have a licence suspension revoked or reduced,
  • Fighting in court to have the case dismissed if you wish to plead not guilty,
  • Persuasively presenting your case in court if you wish to plead guilty to a major traffic offence, with a view to achieving the most lenient outcome available, including a ‘non-conviction order’ such as a section 10 dismissal or conditional release order without conviction so you are able to avoid a criminal record, licence disqualification and a fine, and
  • Persuasively presenting your case in court if you are seeking to have a licence suspension revoked or reduced.

If you have been given a court date for your traffic offence, we offer a free initial conference with one of our specialist traffic lawyers at one of our many offices within the Sydney metropolitan area and beyond, over the phone or by Zoom during which you can obtain advice about your specific situation and decide whether you wish to formally engage us.

We offer fixed fees for traffic cases and all conferences are, of course, obligation free.

How do I appeal a traffic offence?

If you have been sent to court by police for a ‘major traffic offence’ and believe the outcome in court was too harsh, you can lodge an appeal against the severity of that penalty (called a ‘severity appeal‘) at the court registry (office).

Major traffic offences include drink and drug driving, driving whilst suspended, disqualified or unlicensed, reckless driving, negligent driving and dangerous driving. Your offence was a major traffic offence if you were sent to court for it.

Your appeal must be lodged within 28 days of your sentencing, or up to 3 months if there are good reasons for you not having lodged it within the usual 28 days.

The case will then be sent to the District Court, where the judge cannot give you a more severe penalty until he or she first warns you that this is being considered. This is called a ‘Parker warning’ and you can withdraw your appeal after receiving it.

This means that in practical terms, you will not receive a harsher penalty in the District Court.

If you have received a notification of driver licence suspension from the RMS, you can lodge a ‘driver licence appeal‘ to a Local Court if:

  • You are being suspended for for speeding by more than 30km/h or 45km/h,
  • You are a P-plater and are being suspended for receiving excessive demerit points,
  • You are a full licence holder and plead ‘not guilty’ to the offence that led to you exceeding your demerit points,
  • You are a full licence holder and wish to plead ‘guilty’ to the offence causing your demerit point suspension, but feel that a licence suspension would be too harsh, and

You can also appeal an immediate suspension by police, commonly referred to as an ‘on the spot’ suspension.

The documentation you receive will outline how you can ‘elect’ (choose) to take the matter to court.

You cannot appeal if:

  • You are a full licence holder and were suspended for loss of demerit points,
  • You are on an interlock licence and it was suspended, or
  • You are on a good behaviour licence and accrued further demerit points.

What are the penalties for traffic offences?

The penalties that apply to traffic offences depend on the type of suspected offence and whether the alleged breach is dealt with by way of a penalty notice (eg a fine issued by the RMS) or by a court.

Courts generally have the power to issue fines that are significantly higher than penalty notice amounts and, in the case of major traffic offences such as drink and drug driving, negligent driving and driving whilst suspended, a range of other penalties as well.

Click on the appropriate link below for more information about the penalties that apply to specific traffic offences:

 

Traffic Offence FAQs

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 as crimes.

However, it is important to know you cannot receive a criminal record for these offences 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, also known as driving with a prescribed concentration of alcohol, is 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 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, also known as driving with an illicit substance present in the bloodstream, is 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 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 considered to be criminal offences under the law.

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 drink driving?

Drink driving, also known as driving with a prescribed concentration of alcohol, is 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 low range drink driving and you accept responsibility by paying the fine, this does not amount to a criminal record.

Will I get a criminal record for drug driving?

Drug driving, also known as driving with an illicit substance in the bloodstream, is 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 drug and you accept responsibility by paying the fine, this does not amount to a criminal record.

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.

12 Reasons to Choose Sydney Criminal Lawyers®

1. Proven Track Record of Exceptional Results

Sydney Criminal Lawyers® consistently achieves outcomes which are in the highest percentile of the Judicial Commission’s sentencing statistics for criminal cases.

Our legal team devises effective case-strategies and fights hard to have cases dropped entirely or charges downgraded – saving clients the time, expense and stress of a defended hearing or jury trial.

Where cases nevertheless proceed, our lawyers have an outstanding track record of winning defended Local Court hearings, and complex jury trials in the District and Supreme Courts.

We also consistently win appeals in the District and Supreme Courts (including the NSWCCA) after clients have received unsatisfactory results with other law firms in the lower courts.

We are one of the few firms to achieve successful criminal law appeals in the High Court of Australia.

Where our clients wish to plead guilty, we frequently achieve ‘dismissals’ and ‘non convictions’ in cases where other lawyers have advised there is no chance of doing so.

2. Highest Level of Client Satisfaction

We have the best and most comprehensive client review record of any law firm in Australia.

Regular communication, accessibility and quality service are our team’s highest priorities.

We are committed to thoroughly explaining all steps involved in the criminal law process, providing regular updates throughout the proceedings, and making ourselves accessible and responsive.

We are passionate about providing an exceptional level of service to our clients, and we fight hard to achieve optimal results in the shortest period of time.

3. Australia's Most Awarded Criminal & Traffic Law Firm

We have received more awards and accolades than any other criminal law firm in Australia.

Our team has been awarded “Criminal Defence Firm of the Year in Australia” in a number of prestigious and competitive awards programs for several years running.

The awards recognise our exceptional track record of results, our outstanding client service, the high level of satisfaction we achieve, the affordability of our services and our overall excellence.

4. Fixed Fees

We want our clients to know exactly how much their cases will cost from the very start.

That’s why we were the first criminal law firm in Australia to publish ‘fixed fees’, back in 2004.

We offer fixed fees for most types of criminal cases and services.

Our fixed fees apply to a range of Local Court cases such as drink driving, drug possession, fraud, common assault and AVOs, and also specific services such as prison visits, bail applications, appeals and defended hearings.

Unlike many other law firms, our fixed fees are published on our website – which ensures transparency and certainty.

5. Free First Appointment

For those who are going to court, we offer a free first conference of up to an hour with one of our Senior Criminal Defence Lawyers.

We also offer a free first conference to those who have received an unsatisfactory result after being represented in court by another law firm, or after representing themselves, and wish to appeal.

6. Specialist Lawyer Guarantee

We guarantee that only lawyers with substantial criminal defence experience will work on your case and appear for you in court.

This ensures our clients receive the highest quality representation from an experienced, specialist criminal lawyer.

7. All NSW Courts

From Bombala to Broken Hill, our lawyers appear in courts throughout New South Wales – and across Australia for Commonwealth cases.

And we offer fixed fees for most criminal and traffic law cases throughout the state.

8. Accredited Specialists


Our entire firm is exclusively dedicated to criminal law – which makes us true specialists.

All of our lawyers have years of experience representing clients in criminal cases, and our principal has been certified by the Law Society of NSW as an Accredited Criminal Law Specialist since 2005.

An ‘Accredited Specialist’ is a lawyer who has practised for at least 5 years in a particular field of law (such as criminal law), has passed a rigorous assessment process conducted by the Law Society of NSW, and has been selected by the Specialist Accreditation Committee of the Law Society as an expert in the field. Accredited Specialists are required to undertake more training each year than other lawyers and must be successful in having their accreditation renewed every year. Specialist Accreditation is the mark of a true specialist.

Our firm’s specialist experience ensures you receive the best possible result, whatever your criminal law case may be.

9. Results-Focused Law Firm

Our team is passionate about achieving results, and unlike many other law firms, our lawyers do not have monthly financial ‘budgets’ to meet.

The absence of budgets means our lawyers are entirely focused on achieving optimal results in the shortest space of time; whether by getting charges dropped or downgraded at an early stage or having cases ‘thrown out of court’.

Not having budgets also means our lawyers are not under pressure to engage in unscrupulous practices such as unnecessarily adjourning cases or ‘overcharging’ clients – which, sadly, is a common complaint against many other lawyers and law firms.

No budgets encourages regular consultation between lawyers within the firm – promoting an ‘open door’, team environment where lawyers bounce ideas off one another, formulate case strategy together and benefit from each other’s specialised experience, methods, techniques and insights.

The result is a firm which delivers optimal outcomes in the shortest time periods, at the least expense and stress to our clients.

10. Team of Lawyers Behind You

Our clients benefit from the pool of knowledge that only an extensive team of experienced criminal defence lawyers can provide.

Our lawyers regularly consult one another to stay ‘ahead of the pack’ in the ever-changing field of criminal law – constantly devising, refining and implementing specialised techniques which ensure our clients achieve the best possible outcomes.

A team approach is particularly important when it comes to serious criminal cases such as murder, commercial drug cases, serious and sexual assaults, large-scale fraud, robbery and other ‘indictable’ cases.

In such matters, clients reap the benefits of several lawyers devising and executing case strategies which maximise the chances of having cases dropped or downgraded at an early stage, or ‘thrown out of court’ – often saving clients a great deal of cost, time and anxiety.

11. Familiar with Magistrates and Judges

Each of our lawyers appears in court on a daily basis, and has done so for years.

We have therefore been able to develop an understanding of, and rapport with, magistrates and judges in Sydney and indeed across the state.

Our team’s extensive experience before the courts ensures your case is tailored to the specific nuances of individual judicial officers, maximising the likelihood of a favourable result.

12. Convenience

We have offices in locations across the Sydney metropolitan area and beyond, including:

  • the Sydney CBD, on Castlereagh Street, directly opposite Downing Centre Court,
  • Liverpool, directly opposite Liverpool Local Court, and
  • Parramatta, near the justice precinct.

We offer free parking at our Sydney CBD and Liverpool locations, and all of our offices are close to train stations and bus terminals.

For those who are unable to attend our offices, we offer conferences by telephone, Skye and FaceTime anywhere around the world.

If you are going to court and wish to arrange a free first consultation, call our 24 hour hotline on (02) 9261 8881 or send us an email at info@sydneycriminallawyers.com.au.

Recent Success Stories

Client Testimonials

He is very knowledgable (Jeffrey Y.)

Tuan Phan represented me in court for my case and he did a very good job. He is very knowledgable and tried his best to obtain the best possible outcome for my driving offence and I am extremely grateful for that. Would highly recommend Tuan.

Best possible outcome today (Aleksandar M.)

I would like to thank Mariecar for getting my the best possible outcome today on getting my habitual offenders quashed.

Glad to see a law firm cater to the needs of the people (Christine W.)

Glad to see a law firm cater to the needs of the people who would probably only need legal advice on traffic/criminal matters. This firm is accessible to the public in a non intimidating manner and has the clients’ concerns at heart.

I am extremely happy with the outcome (Kevin B.)

A great level of service was received by Kent Park. Kent was helpful throughout the whole process, communication received was clear and Kent was always very professional.

I am extremely happy with the outcome of getting my driving suspension cut down by half with my poor driving record.

Positive result of no conviction (Richie B.)

A great outcome with a positive result of no conviction. Professional service with lawyers that take the time and effort to achieve positive results for their clients. Highly recommend.

Kent Park helped me through a very tough time due to a serious traffic offence. He was very professional, helpful and kept in close contact with me during a very stressful few months. He achieved the best possible outcome for me and i couldn't be more thankful for his help and support.

Non criminal conviction and also squash 3 of my HABITUAL OFFENCE on the same day (Viet N.)

Thank you Fred Cao for your knowledge and skills of handling my case of driving while disqualified for the third time, with such experience and helpful tips on the matter it help me get the result of a non criminal conviction and also squash 3 of my HABITUAL OFFENCE on the same day of matter. Words cannot describe how amazed I was with how much work he has put in for my case. I''m very grateful.

Thank you so much.

No conviction and no fine for a Mid-Range PCA case (Sr B.)

Senior Criminal Lawyer Tuan Phan helped me get a No conviction and no fine for a mid-Range PCA case, this is near ‘impossible’ under the new stringent laws. Tuan’s courtroom skills and knowledge of the law was lauded by the magistrate. Tuan saved me from a criminal conviction, can’t thank him enough. Don’t look anywhere else for the best criminal lawyer and they also provide best value for money.

Very helpful and responsive (Derock S.)

Called Sydney Criminal Lawyers for a driving offence matter on a Sunday and they put me in touch with Tuan straight away, he was very helpful and responsive throughout the whole process. Highly recommended.

Reduction in my driving suspension (Donald S.)

Kent managed and directed me throughout my driving offence matter with great skill. He articulated my situation to the presiding magistrate extremely well. He managed to secure a reduction in my driving suspension from 6 months to 1 month. This is a splendid outcome.

Regards

Donald

I wouldn’t hesitate to use him again as my lawyer (Roy F.)

Fred Cao done a great job with my drink driving charge considering my past record and I wouldn’t hesitate to use him again as my lawyer.

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