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Traffic Offences
Ozlaw provides the best representation and obtains the best results for the following Traffic Offences:
Drink Driving Offences - PCA - DUI
The law relating to Drink Driving in NSW was addressed by the Supreme Court - Court of Criminal Appeal in a Guideline Judgment.
In 2015 over 50% of Low-range PCA's were disposed of without conviction (statistics)
NSW Police can immediately suspend your licence if you commit a low, special or novice range drink driving offence.
If it's your first offence, your licence can be suspended for 3 months and you may be issued an on-the-spot fine.
First offence
Penalty notice fine $603
Immediate licence suspension
Maximum court- imposed fine $2200
Second or Subsequent Offence
Immediate licence suspension
Maximum court- imposed fine $3300
Subject to an alcohol interlock order for 12 Months
Minimum disqualification 1 month
Maximum disqualification 3 month
If an Interlock Exemption Order is granted
Minimum disqualification 6 month
Maximum disqualification 12 month
Automatic disqualification (a disqualification period that applies in the absence of a specific court order)
12 months
- Mid Range PCA First Offence - Penalties - Section 10 - No Conviction
In 2015 15.5 % of Mid Range PCA matters were disposed of without conviction (statistics)
A mid range PCA offence is when a driver is found to have a BAC above 0.08 and less than 0.15.
First offence
Immediate licence suspension
Maximum prison term 9 months
Maximum court- imposed fine $2200
Mandatory Interlock Order 12 months
Minimum disqualification with Interlock 3 months
Maximum disqualification with Interlock 6 months
If an Interlock Exemption Order is granted
Minimum disqualification 6 month
Maximum disqualification unlimited
Automatic disqualification (a disqualification period that applies in the absence of a specific court order)
12 months
- Mid Range PCA Second or Subsequent Offence - Penalties - Section 10 - No Conviction
Second or Subsequent Offence
Immediate licence suspension
Maximum prison term 12 month
Maximum court - imposed fine $3300
Mandatory alcohol interlock order for 24 Months
Minimum disqualification 6 month
Maximum disqualification 9 months
If an Interlock Exemption Order is granted
Minimum disqualification 12 month
Maximum disqualification unlimited
Automatic disqualification (a disqualification period that applies in the absence of a specific court order)
3 years
- High Range PCA First Offence - Penalties
A high range PCA offence is when a driver is found to have a BAC above 0.15.
First offence
Immediate licence suspension
Maximum prison term 18 months
Maximum court - imposed fine $3300
Subject to an alcohol interlock order for 24 Months
Minimum disqualification 6 month
Maximum disqualification 9 months
Automatic disqualification (a disqualification period that applies in the absence of a specific court order)
3 years
If an Interlock Exemption Order is granted
Minimum disqualification 12 month
Maximum disqualification unlimited
Automatic disqualification (a disqualification period that applies in the absence of a specific court order)
3 years
- High Range PCA Second or Subsequent Offence - Penalties
Second or Subsequent Offence
Immediate licence suspension
Maximum prison term 2 years
Maximum court- imposed fine $5500
Subject to an alcohol interlock order for 48 Months
Minimum disqualification 9 months
Maximum disqualification 12 months
If an Interlock Exemption Order is granted
Minimum disqualification 2 years
Maximum disqualification unlimited
Automatic disqualification (a disqualification period that applies in the absence of a specific court order)
5 years
Drug Driving Offences
In NSW, it is against the law to drive with the presence of any illegal drug in your system. Penalties can include heavy fines, licence suspension, licence disqualification and imprisonment.
Police can charge you with a drug driving offence if a roadside drug test detects illegal drugs in your system. The roadside drug test takes a saliva sample. The test can occur at roadside random drug testing, or if you are stopped by police.
The roadside drug test takes a saliva sample and can detect the presence of:
cannabis
ecstasy or MDMA
cocaine
methamphetamine (ice or speed).
If illegal drugs are detected, the test will be repeated. If the test is still positive, you will be required to take additional laboratory tests including blood tests or urine samples. These test results can take longer to process than a saliva test. You must not drive while waiting for the test results.
If the test confirms the presence of illegal drugs, you will be charged with a drug driving offence.
- Cannabis, speed, ice, MDMA, ecstasy, or cocaine in saliva, blood or urine
Penalty notice fine $581
Licence suspension (if offence is dealt with through a penalty notice) 3 months
Maximum court- imposed fine $2200
Minimum disqualification 3 months
Maximum disqualification 6 months
Automatic disqualification (a disqualification period that applies in the absence of a specific court order)
6 months
Maximum court- imposed fine $3300
Minimum disqualification 6 months
Maximum disqualification unlimited
Automatic disqualification (a disqualification period that applies in the absence of a specific court order)
12 months
Use or attempted use of a vehicle under the influence of alcohol or any other drug
Maximum prison term 18 months
Maximum court- imposed fine $3300
Minimum disqualification 12 months
Maximum disqualification unlimited
Automatic disqualification (a disqualification period that applies in the absence of a specific court order)
3 years
Maximum prison term 2 years
Maximum court- imposed fine $5500
Minimum disqualification 2 years
Maximum disqualification unlimited
Automatic disqualification (a disqualification period that applies in the absence of a specific court order)
5 years
Drive with PCA and illicit drug low, special or novice range
First offence
Penalty notice fine $581
Immediate licence suspension
Maximum court- imposed fine $2200
Mandatory Alcohol Interlock Order 12 Month
Minimum disqualification with Interlock 1 month
Maximum disqualification with Interlock 3 months
If an Interlock Exemption Order is granted
Minimum disqualification 6 month
Automatic disqualification 12 month (a disqualification period that applies in the absence of a specific court order)
Drive with mid range PCA and illicit drug
A person must not, while there is present in the person's breath or blood the middle range prescribed concentration of alcohol and present in the person's oral fluid, blood or urine a prescribed illicit drug drive a motor vehicle.
Maximum prison term 18 months
Maximum court- imposed fine $3300
Mandatory Interlock Order for 12 months
Minimum disqualification 3 months
Maximum disqualification 6 months
If an Interlock Exemption Order is granted
Minimum disqualification 6 month
Maximum disqualification unlimited
Automatic disqualification (a disqualification period that applies in the absence of a specific court order)
12 months
Maximum prison term 2 years
Maximum court - imposed fine $6600
Mandatory Interlock Order for 2 years
Minimum disqualification 6 months
Maximum disqualification 9 months
If an Interlock Exemption Order is granted
Minimum disqualification 12 month
Maximum disqualification unlimited
Automatic disqualification (a disqualification period that applies in the absence of a specific court order)
3 years
Drive with high range PCA and illicit drug
A person must not, while there is present in the person's breath or blood the high range prescribed concentration of alcohol and present in the person's oral fluid, blood or urine a prescribed illicit drug drive a motor vehicle.
Maximum prison term 2 years
Maximum court - imposed fine $5500
Mandatory Interlock Order for 2 years
Minimum disqualification 6 months
Maximum disqualification 9 months
If an Interlock Exemption Order is granted
Minimum disqualification 12 month
Maximum disqualification unlimited
Automatic disqualification (a disqualification period that applies in the absence of a specific court order)
3 years
Maximum prison term 2 years
Maximum court- imposed fine $11000
Mandatory Interlock Order for 4 years
Minimum disqualification 9 month
Maximum disqualification 12 month
If an Interlock Exemption Order is granted
Minimum disqualification 3 years
Maximum disqualification unlimited
Automatic disqualification (a disqualification period that applies in the absence of a specific court order)
5 years
If you've had your driver licence suspended by police, or received a letter from Transport for NSW about a vehicle or licence decision, you may be eligible to appeal the decision.
All Transport for NSW licence and registration appeals must be filed to the Local Court within 28 days of receiving the letter.
- Driver's Licence Disqualification Appeals
- Drivers Licence RMS Suspension Appeals
- Drive Whilst Disqualified - Penalties - Section 10 - No Conviction
- Drive Whilst Never Licensed - Penalties - Section 10 - No Conviction
- Drive Whilst Suspended - Penalties - Section 10 - No Conviction
- Drive Whilst Unlicensed - Penalties - Section 10 - No Conviction
Prior to 28 October 2017, if you were convicted of three or more serious driving offences in the last five years, you may have been declared a Habitual Traffic Offender (HTO) by the court or the Roads and Maritime Services (RMS).
The HTO Scheme has now been abolished. You can no longer be declared a HTO, however magistrates can still impose a disqualification period.
There are two ways to remove an existing HTO declaration:
- if you have already been declared a HTO you may be able to apply to the Local Court to have the declaration quashed, or
- if you have been offence-free for a minimum period (two or four years depending on the nature of the original offending), you may be eligible to apply to the Local Court to have your disqualification removed. A successful application will remove all disqualifications.
- Dangerous Driving Occasioning Death - Penalties
- Dangerous Driving Occasioning Grievous Bodily Harm
- Negligent Driving (no death or grievous bodily harm) - Penalties
- Furious or Reckless Driving - Penalties - Section 10 - No Conviction
- Menacing Driving - Penalties
- Predatory Driving - Penalties
Traffic Offender Intervention Program
The Traffic Offender Intervention Program (TOIP) is a local-court based program targeting offenders who have pleaded guilty to, or been found guilty of, a traffic offence. The goal of the program is to provide offenders with the information and skills necessary to develop positive attitudes towards driving and develop safer driving behaviours.
Resources
- List of Registered Providers (XLS , 56.0 KB)
- Traffic Offender Intervention Program 2009-2011 (PDF , 478.9 KB)
- TOIP Operating Guidelines 2017 (PDF , 735.5 KB)
- TOIP factsheet (PDF , 320.4 KB)
- Summary of the TOIP review (PDF , 32.0 KB).
Speeding Offences
Speeding is the biggest contributor to road trauma on NSW roads.
Each year almost 150 people die and 1,270 people are seriously injured in NSW from speed related crashes. Speeding is not just travelling above the designated speed limit, but also driving too fast for the conditions (e.g. wet weather, curves, traffic, areas with lots of pedestrians).
If you have a speeding matter and incur demerit points you are at risk of losing your driver' license.
The courts treat speeding matters seriously - you should too.
Bail Applications
Bail Applications - Local Court and Supreme Court,
- Release Applications
- Variations To Bail
- Breach Of Bail Proceedings