Traffic Offences

Being charged with a traffic offence and having to appear in Court can be very complicated. RMB Lawyers prides itself on making these complicated situations easy for all concerned. This way we can provide you with more effective advice which will help you make the right decisions moving forward. It also helps you deal with the stress that usually follows these types of matters. The Honourable Courts look favourably on a no-nonsense approach to criminal matters.

There are a number of strategies that we can employ to put forward a strong defence to a criminal charge. These are all developed on a case-by-case basis; with an intimate understanding of the application of the law, the rules of evidence and procedures of the Courts.

RMB Lawyers prides itself on being local and having down to earth lawyers. This is how we define ourselves and this is how we approach traffic offences. We have the empathy to help you deal with the stress of facing a charge. We have the professional competence to put forward a strong case that will get you the best possible results.

The Criminal Law division provides excellence in all Local, District and Supreme Court matters. Our team appears regularly in the Local, District and Supreme Court, High Court, Children's Court and Industrial Tribunals. We appear in Courts and Tribunals right across Sydney, Wollongong, Shoalhaven, Nowra, Kiama, the Highlands around Moss Vale, Goulburn, Crookwell, Yass, Canberra and Queanbeyan.

Our Lawyers are experts in Traffic Law and have chosen it as a specialty area of Practice, including:

Traffic Offences

Anyone can find themselves charged with Traffic Offences such as speeding, using a mobile phone, driving without a licence, dangerous or negligent driving or a broad range of other offences. These charges can often carry demerit points or even direct suspensions from the offence itself. It is vital that you understand the potential risks of your offence and the different options you may have.

Our traffic lawyers will work closely with you to determine what actually happened. This sets up the foundation for a strong defence or strong application for leniency.

Depending on your plea, a matter will inevitably proceed to a contested hearing or a sentencing hearing. On occasion, a matter can go through the former to the latter.

Sentencing Hearing

If a person is found guilty of an offence, whether by admitting to it or were found guilty, they will eventually be sentenced. Entering a plea of guilty is a viable option. If a plea of guilty is entered at the earliest opportunity you will be entitled to a 25% discount at sentencing. The reason the Court provides this discount is because the Criminal Justice System, which covers traffic offences that need to go to court, is designed ultimately to rehabilitate. It is a way of expressing remorse and maturity which the Courts consider favourably. The Court also considers:

  • your personal background;
  • any mitigating circumstances when committing the offence;
  • your driving and criminal history;
  • your good character;
  • General and Specific Deterrence; and
  • anything else the Court considers important.

We work closely with you to understand every detail of your matter. This allows us to put the best case forward to submit to the Court that you, despite committing an offence, deserve a second chance or, at least, the lightest possible sentence.

Contested Hearing

At RMB Lawyers we are committed to getting you the best outcome. In certain circumstances the Police may lay charges against you which you deny ever happened or the Police cannot prove. In those circumstances, it would be appropriate to plead not guilty and have a hearing. This means that the Court will decide if the charges can be proven and whether or not you are guilty of the offence(s).

There is a lot that goes into a contested hearing. Our experienced lawyers know exactly how to tackle it and the best way is through teamwork. We have the resources to be anywhere and we all work together for you. Teamwork, more importantly, includes working with you. We look to the finest details of the case outline and we need to work with you to get those details. Your trust and confidence is key to putting the right defence together for a hearing.

Drink Driving

Drink Driving is an incredibly serious charge that has very significant penalties and sentences available to the court. There is a serious risk that you will loose your licence for a period of time following these offences, and higher readings can come with significant risk of even jail time. Due to this it is really important that you understand how you can set up your case to get the most leniency from the court. RMB’s Traffic Lawyers can set up your case to ensure that you are but in the best possible position for the court to give you leniency and get the lowest sentence possible.

Drug Driving

With more random drug testing in recent years, the courts are seeing more charges of driving with illicit drug. These offences do not require you to be under the influence or any way effected by the drug – they just need to prove it was in your system. Due to this it is really important that you understand how you can set up your case to get the most leniency from the court – especially when these offences come with automatic licence suspensions if you are convicted of the offence. RMB’s Traffic Lawyers can set up your case to ensure that you are but in the best possible position for the court to give you leniency and get the lowest sentence possible.

Heavy Vehicle Offences

Rather than other types of traffic offences, Heavy Vehicle Offences are matters prosecuted by Transport for NSW rather than the Police and can carry very substantial fines for owners, operators or anyone who has had some connection with an offending vehicle. Our Traffic Lawyers have spent significant time representing and helping Truck Drivers and Owners with broad ranging offences especially those sent to Goulburn from the Marulan Weigh Bridge and Truck Stop. This experience is invaluable and can get you the edge in court to ensure you can get the most lenient sentence possible in the circumstances.

Licence Appeals

There are a number of ways you can lose your licence. There are a number of ways to protect your licence too. The Police and Courts do not deal with demerit points; that is a job for Transport for NSW. Nevertheless, you can apply to vary or set aside a licence suspension to the Court and Transport for NSW is the body that will almost always prosecute it.

Setting aside and varying a suspension is not unlike a sentencing hearing. We need to show a need for a licence. The hard part is that everyone has a need so we need to delve deeper into the details of your particular need and articulate it carefully to the Court