Being charged with a traffic offence in New South Wales can be a stressful experience, especially if you are unsure of the legal consequences. From traffic fines and demerit points to licence suspensions and even criminal charges, the penalties for traffic offences vary depending on the severity of the incident. Understanding your rights and options is crucial. This blog will explore common traffic offences and their penalties, how to appeal a fine or licence suspension and when you should seek legal representation.
Common traffic offences and their penalties
Traffic offences in NSW range from minor infringements to serious criminal charges. Here are some of the most common offences and their penalties:
- Exceeding the speed limit by 10km/h or less: $128 fine and 1 demerit point.
- Exceeding the speed limit by more than 30km/h: $931 fine and 5 demerit points.
- Exceeding the speed limit by more than 45km/h: $2,888 fine, 6-month licence suspension and 6 demerit points.
2. Drink and drug driving
- Low-range (0.05 – 0.079 BAC): $674 fine and 3-month licence suspension.
- Mid-range (0.08 – 0.149 BAC): Fine up to $2,200, automatic 6-month licence disqualification and potential imprisonment.
- High-range (0.15 BAC and above): Fine up to $3,300, automatic 12-month licence disqualification and potential imprisonment of up to 18 months.
3. Using a mobile phone while driving
- Illegal mobile phone use: $362 fine and 5 demerit points (10 points during double demerit periods).
- Unlicensed driving: Up to $2,200 fine.
- Driving while suspended or disqualified: Up to $5,500 fine and potential imprisonment.
5. Failing to stop at a red light
- $464 fine and 3 demerit points.
6. Dangerous or negligent driving
- Negligent driving causing grievous bodily harm: Up to $3,300 fine and/or 18 months imprisonment.
- Dangerous driving causing death: Up to 10 years imprisonment.
How to appeal a fine or licence suspension
If you believe you have been unfairly fined or had your licence suspended, you have options for appeal. Here’s how the process works:
1. Request a review
If you have a valid reason (e.g., medical emergency, mistaken identity, faulty speed camera), you can apply for a review with Revenue NSW. This must be done within 28 days of receiving the fine.
2. Elect to go to court
If your review is unsuccessful or you wish to challenge the charge in court, you can elect to have the matter heard before a magistrate. Be aware that court proceedings can result in higher penalties if your appeal is unsuccessful.
3. Appealing a licence suspension
- If Transport for NSW (TfNSW) suspends your licence due to excessive demerit points, you may be able to appeal to the Local Court.
- For immediate police suspensions (e.g., high-range drink driving), appealing is more difficult, but legal advice can help determine if you have grounds for an appeal.
When to seek legal representation
Some traffic offences carry serious consequences that can impact your ability to drive, your employment, and even your criminal record. Here are situations where seeking legal representation is essential:
- You are facing a potential licence disqualification – Losing your licence can significantly affect your job and daily life.
- You have been charged with drink or drug driving – The penalties can be severe, and a lawyer may be able to negotiate a reduced sentence or argue for a lesser penalty.
- You are charged with dangerous driving or negligent driving causing harm – These offences can lead to criminal records or even imprisonment.
- You wish to appeal a fine or licence suspension – A lawyer can help strengthen your case and increase your chances of success in court.
How Benjamin & Robinson Lawyers can help
Whether you are dealing with a fine, a demerit point suspension or a criminal charge, taking the right steps early can make a significant difference. If you are unsure of how to proceed, seeking legal advice from experienced professionals like Benjamin & Robinson Lawyers can help you achieve the best possible outcome. Need legal assistance for a traffic offence? Contact Benjamin & Robinson Lawyers today to discuss your case. For enquiries or a quote, contact us on 02 9547 1733. You can also email us. Established for over 30 years, Benjamin & Robinson Lawyers has developed an excellent reputation for providing the highest standards of legal services for the Sydney community. We offer expertise in wills and estates, family law, compensation law, property law and conveyancing and traffic law.