Traffic offences are easy to ignore until a fine, court attendance notice or suspension notice arrives. The RMB Lawyers Criminal Division explains why you need to act quickly.
In NSW, many traffic matters are criminal offences under the Road Transport Act 2013 (NSW). They can affect your driver’s licence, your criminal record and, in some cases, your job. Knowing the basics helps you make better decisions from the start.
Traffic offences sit on a spectrum. At the lower end are offences like minor speeding, failing to display L or P plates, or not wearing a seatbelt. More serious offences, such as dangerous driving occasioning death or grievous bodily harm, are found in the Crimes Act 1900 (NSW). The court generally looks at how risky the driving was, whether anyone was injured and what your prior record shows. Penalties such as fines, demerit points and disqualification periods are set out in legislation, but the magistrate still has discretion in many cases.
Demerit points are a key part the system. Each offence carries a fixed number of points. When you reach or exceed the limit for your licence class, Transport for NSW can suspend your licence. Provisional and learner drivers have lower limits, so a small number of infringements can result in a suspension. Double demerit periods which apply around major public holidays can bring drivers to the threshold more quickly.
Some offences require you to attend Local Court. Others start with a penalty notice, which you can pay, or you can elect to have the matter dealt with by a magistrate. Going to court can assist in the right case. You might dispute the facts, or ask the court to deal with you more leniently.
There is also a risk that the court could impose a higher penalty, so it is important to understand the possible range of sentences before you elect to go to court.
If you plead guilty, the Local Court must consider a range of factors. These include your traffic record, the nature of the offence, your need for a licence, your work situation, an early plea, any remorse, and steps taken to address underlying issues. You can also complete a traffic offender intervention program, or get help for alcohol or drug use.
Strict time limits apply to some options. In these situations, you only have a short period to lodge an appeal against a suspension or to elect to take a penalty notice to court.
If you require legal assistance with any traffic-related matters, please contact our office on Freecall 1800 681 211 for a consultation, or use our 'Ask a Question' tool on our website.