Traffic Offence Lawyers in Sydney

Traffic offences in New South Wales cover an extremely broad range of conduct, from minor speeding violations to serious dangerous driving causing death. If you’ve been charged with a traffic offence, you’re facing penalties that could include losing your driver’s licence, substantial fines, imprisonment, and a permanent criminal record that affects your employment, insurance premiums, and ability to drive for work or personal needs.

Don’t underestimate the impact of traffic charges. For many NSW residents, losing a driver’s licence means losing their job, their ability to care for family members, and their independence. Even charges that seem straightforward can have severe consequences if not properly defended.

Hannay Lawyers has offices in Sydney, and our criminal defence team appears in NSW Local Courts and District Courts daily representing clients charged with traffic offences. We understand the legislation, we know the courts, we know the magistrates’ sentencing patterns, and we know how to fight for outcomes that protect your licence and your livelihood.

Understanding Traffic Offences in New South Wales

Traffic offences in New South Wales are governed by multiple pieces of legislation depending on the seriousness of the conduct. The primary legislation includes the Road Transport Act 2013 (NSW), the Crimes Act 1900 (NSW) for serious driving offences, and the Road Rules 2014 (NSW) which set out the detailed rules for road use.

Police powers to stop vehicles, conduct breath tests, require drug tests, and investigate traffic offences are governed by the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) and the Road Transport Act 2013 (NSW).

Most traffic offences are dealt with in the Local Court of New South Wales, though the most serious matters involving death or serious injury are prosecuted in the District Court before a judge and jury as criminal offences under the Crimes Act.

Common Traffic Offences in NSW

Drink Driving Offences

Drink driving is one of the most common and serious traffic offences in NSW. The offence involves driving or attempting to drive a motor vehicle, or occupying the driver’s seat and attempting to put the vehicle in motion, while over the prescribed concentration of alcohol (PCA).

Under sections 110 and 111 of the Road Transport Act 2013 (NSW), it’s an offence to drive with a blood alcohol concentration (BAC) of 0.05 or above for full licence holders, 0.02 for special category licence holders (learners, provisional, and certain work-related licences), and 0.00 for learner and provisional licence holders in practical terms.

Novice range PCA (BAC 0.00 to under 0.02 for learners and P-platers) carries a maximum fine of $2,200 and automatic licence disqualification of 3 months for a first offence, 6 months for a second offence.

Special range PCA (BAC 0.02 to under 0.05) applies to special category licence holders and carries a maximum fine of $3,300 and automatic licence disqualification of 3 months minimum for a first offence, 6 months for a second offence, and 12 months for third or subsequent offences.

Low range PCA (BAC 0.05 to under 0.08) carries a maximum fine of $2,200 for a first offence and automatic licence disqualification of 3 months minimum. For second offences within 5 years, maximum penalty increases to $3,300 fine, and disqualification increases to 6 months minimum. Third or subsequent offences carry maximum penalties of $3,300 fine and 12 months disqualification minimum.

Mid range PCA (BAC 0.08 to under 0.15) carries maximum penalties of $2,200 fine and/or 9 months imprisonment for first offence, with automatic disqualification of 6 months minimum. Second offences carry maximum penalties of $3,300 fine and/or 12 months imprisonment with 12 months disqualification minimum. Third or subsequent offences carry $3,300 fine and/or 12 months imprisonment with 2 years disqualification minimum. Courts commonly impose interlock orders requiring installation of alcohol interlock devices as a condition of licence reinstatement.

High range PCA (BAC 0.15 or above) is the most serious drink driving offence and carries maximum penalties of $3,300 fine and/or 18 months imprisonment for a first offence, with automatic disqualification of 6 months minimum. Second offences within 5 years carry maximum penalties of $5,500 fine and/or 2 years imprisonment with 12 months disqualification minimum. Third or subsequent offences carry $5,500 fine and/or 2 years imprisonment with 3 years disqualification minimum. Imprisonment is commonly imposed for high range offences, particularly repeat offences. Mandatory interlock orders apply for minimum periods of 12 to 48 months depending on offence history.

Refusing or failing to provide a breath specimen when required by police under section 112 is treated as seriously as high range PCA and carries equivalent maximum penalties including $3,300 fine and/or 18 months imprisonment for first offence, and up to $5,500 fine and/or 2 years imprisonment for repeat offences. Refusing a breath test also results in immediate licence suspension and mandatory disqualification periods equivalent to high range PCA.

Drug Driving Offences

Drug driving offences under section 111 of the Road Transport Act 2013 (NSW) make it an offence to drive with the presence of prescribed illicit drugs (cannabis, cocaine, methamphetamine, MDMA, or certain morphine-based substances) in your oral fluid, blood, or urine. Unlike drink driving, there’s no legal threshold — any detectable presence of these drugs constitutes an offence.

The offence is one of strict liability, meaning the prosecution doesn’t need to prove your driving was impaired, only that the drug was present in your system. This applies even if the drug was consumed days before driving, when any impairing effects would have long worn off.

Maximum penalties for first offence are $2,200 fine and automatic licence disqualification of 3 months minimum. Second offences within 5 years carry $3,300 fine and 6 months disqualification minimum. Third or subsequent offences carry $3,300 fine and 12 months disqualification minimum.

Driving under the influence of drugs (not just presence but actual impairment) is a separate and more serious offence under common law, requiring police to prove your driving ability was impaired by drugs. Maximum penalties are $3,300 fine and/or 18 months imprisonment.

Refusing a drug test carries similar penalties to refusing a breath test including $3,300 fine and/or 18 months imprisonment, immediate licence suspension, and mandatory disqualification periods.

Dangerous Driving and Negligent Driving

NSW law distinguishes between several levels of serious driving offences based on the level of culpability and consequences.

Negligent driving under section 117 of the Road Transport Act occurs when you drive a vehicle on a road negligently, which is defined as driving in a manner that departs from the standard of care that a reasonable person would observe. This is the least serious of the culpable driving offences.

Negligent driving not occasioning death or grievous bodily harm carries a maximum penalty of $2,200 fine for a first offence, or $3,300 for a second or subsequent offence. Courts can impose licence disqualifications but it’s not mandatory.

Negligent driving occasioning death or grievous bodily harm under section 117(1A) occurs when your negligent driving causes someone’s death or grievous bodily harm. Maximum penalty is $3,300 fine and automatic licence disqualification of 3 years minimum.

Dangerous driving under section 52A of the Crimes Act 1900 (NSW) is more serious than negligent driving and occurs when you drive a vehicle at a speed or in a manner dangerous to the public. This requires proof that your manner of driving was objectively dangerous, not just careless or negligent.

Dangerous driving not occasioning death or grievous bodily harm carries a maximum penalty of 9 months imprisonment for a first offence, or 12 months for a second or subsequent offence. Automatic licence disqualification of 12 months minimum applies.

Dangerous driving occasioning death under section 52A(1) occurs when your dangerous driving causes someone’s death. This is an extremely serious indictable offence carrying a maximum penalty of 10 years imprisonment. If you were under the influence of alcohol or drugs at the time (defined as exceeding mid range PCA or having illicit drugs present), the maximum penalty increases to 14 years imprisonment. Automatic licence disqualification of at least 3 years applies, and longer periods are commonly imposed.

Dangerous driving occasioning grievous bodily harm under section 52A(3) carries maximum penalties of 7 years imprisonment, or 11 years if you were under the influence at the time. Automatic disqualification of at least 3 years applies.

Aggravated dangerous driving occasioning death under section 52AA applies when dangerous driving causes death and there are aggravating circumstances such as driving at excessive speed (45km/h or more over the limit), or under the influence of alcohol or drugs to a very high degree. Maximum penalty is 14 years imprisonment.

These offences are indictable and can be prosecuted in the District Court before a judge and jury, though some may be dealt with summarily in the Local Court with the defendant’s consent depending on circumstances.

Predatory Driving (Menacing Driving)

Menacing driving under section 118 of the Road Transport Act occurs when you drive a vehicle and by that driving deliberately menace another person or another driver. This captures aggressive driving behaviour intended to intimidate or threaten others.

Maximum penalty is $3,300 fine and/or 9 months imprisonment for a first offence, or 12 months imprisonment for repeat offences. Automatic licence disqualification of 12 months minimum applies.

Driving While Licence Suspended or Disqualified

Driving while your licence is suspended or disqualified is a serious offence under section 54 of the Road Transport Act that carries mandatory penalties including further licence disqualification.

For first offences, maximum penalty is $3,300 fine and/or 18 months imprisonment, with automatic disqualification for a further 12 months minimum on top of your existing disqualification or suspension period.

For second offences, maximum penalty is $5,500 fine and/or 2 years imprisonment, with automatic disqualification for 2 years minimum.

For third or subsequent offences, maximum penalty is $5,500 fine and/or 2 years imprisonment, with automatic disqualification for 5 years minimum.

Courts treat driving while disqualified extremely seriously, particularly where the original disqualification was for serious offences like drink driving or dangerous driving. Imprisonment is commonly imposed for repeat offences.

Never Licensed

Driving while never having held a licence under section 53 carries maximum penalties of $2,200 fine for a first offence, or $3,300 for subsequent offences. While less serious than driving while disqualified, it still results in a criminal conviction and can delay your ability to obtain a licence.

Police Pursuit

Police pursuit offences under section 51B of the Crimes Act 1900 (NSW) occur when you know or ought reasonably to know that police are pursuing you, and you drive recklessly or at a speed or in a manner dangerous to the public in order to escape pursuit.

This is a serious criminal offence carrying maximum penalties of 3 years imprisonment. If the pursuit results in death or grievous bodily harm to any person, maximum penalty increases to 5 years imprisonment.

Automatic licence disqualification of 3 years minimum applies for police pursuit offences. Courts impose imprisonment in most cases involving high-speed pursuits or where danger was caused to police or the public.

Speeding Offences

Speeding is the most common traffic offence in NSW. Penalties depend on how much you exceeded the speed limit and whether you’re caught by camera or police.

For low-level speeding (less than 10km/h over the limit), you typically receive an infringement notice with a fine of $123 and 1 demerit point. You can elect to have the matter heard in court rather than paying the fine.

For moderate speeding (10-20km/h over), fines range from $287 to $489 and demerit points range from 3 to 4.

For excessive speeding (more than 30km/h over the limit), you receive an infringement notice with substantial fines up to $2,530 and 6 demerit points. Excessive speeding 30km/h or more over the limit also results in immediate licence suspension for 3 months (6 months if more than 45km/h over).

For extreme speeding 45km/h or more over the limit, offences are prosecuted in court with maximum penalties of $3,300 fine. Courts can impose additional licence disqualifications beyond the automatic suspension periods. Imprisonment is possible for the most extreme cases, particularly where speeds exceed 150km/h in urban areas or where there are aggravating factors.

Mobile Phone Offences

Using a mobile phone while driving is prohibited under Rule 300 of the Road Rules 2014 (NSW) except in very limited circumstances such as hands-free operation while the phone is secured in a mounting.

Illegal mobile phone use includes holding the phone in your hand while driving, texting or operating the phone, having the phone resting on your leg while using it, using the phone for video calls or video content, or holding the phone to pass it to a passenger.

Penalties for mobile phone offences are $410 fine and 5 demerit points. During double demerit periods, this increases to 10 demerit points. Learner and provisional licence holders face automatic suspension if detected using a mobile phone.

Unaccompanied Learner Driving

Learner licence holders must be accompanied by an appropriately licensed supervisor at all times while driving. Driving as an unaccompanied learner is a serious offence under section 25A of the Road Transport Act carrying maximum penalties of $2,200 fine and automatic licence disqualification which can delay progression to provisional licence.

Driving an Unregistered or Uninsured Vehicle

Driving an unregistered vehicle is an offence under section 18 of the Road Transport Act carrying maximum penalties of $2,200 fine. More seriously, driving an unregistered vehicle means you have no CTP (compulsory third party) insurance, which means if you cause an accident injuring someone, you can be personally liable for their injuries and losses which can run into hundreds of thousands or even millions of dollars.

Street Racing and Burnouts

Engaging in a race or speed trial on a road is an offence under section 115 of the Road Transport Act carrying maximum penalties of $3,300 fine and/or 9 months imprisonment. Organising or promoting street racing carries even higher penalties.

Causing a vehicle to make unnecessary noise or smoke (burnouts) is an offence under section 116 carrying maximum penalties of $1,100 fine. However, if the conduct is part of a sustained loss of traction offence under section 116A (performing burnouts for an extended period), maximum penalties increase to $3,300 fine and 9 months imprisonment, with automatic licence disqualification.

Police can also apply for vehicle sanctions including confiscation for repeat or serious hooning offences.

Traffic Light and Stop Sign Offences

Failing to obey a red traffic light or stop sign are serious offences in NSW. Penalties are $469 fine and 3 demerit points. These offences increase crash risk significantly and courts take them seriously if prosecuted.

Seat Belt and Helmet Offences

Failing to wear a seatbelt as a driver or passenger, or failing to properly restrain children, or riding a motorcycle without an approved helmet are offences carrying fines and demerit points. These offences can significantly increase injury severity in crashes and are strictly enforced.

What Punishment Can You Expect?

This is impossible to answer without understanding the full circumstances of your matter, your traffic history, whether you have any prior convictions, your need for a licence for work or family responsibilities, and whether there are any mitigating factors that could influence sentencing.

For people charged with serious offences like dangerous driving causing death, high range drink driving with significant history, police pursuit, or repeat offences of driving while disqualified, imprisonment is a real prospect. NSW courts regularly impose actual jail sentences for serious traffic offending, particularly where there’s a pattern of disregard for road laws or where death or serious injury has resulted.

But even for less serious traffic offences, the penalties imposed by the court can have a catastrophic impact on your livelihood. This may relate to losing your driver’s licence for a mandatory minimum period, having a substantial fine imposed that creates financial hardship, accumulating demerit points that lead to licence suspension, or receiving a criminal conviction that affects employment, insurance premiums, and international travel.

For many NSW residents, particularly those living in areas with limited public transport or those who drive for work, losing a licence means losing employment. Truck drivers, delivery drivers, couriers, sales representatives, tradespeople who travel between job sites, real estate agents, healthcare workers who conduct home visits, and countless others depend on their licence to earn a living.

Even if you can technically get to work without driving, the time and cost involved in using public transport, ride-sharing, or relying on others can make employment impractical or financially unviable. Employers are often unwilling or unable to accommodate employees who can no longer drive, particularly in industries where driving is essential to the role.

This is why fighting to keep your licence, to minimise disqualification periods, or to obtain section 10 dismissals or conditional release orders without disqualification where possible is so critical. Hannay Lawyers understands what’s at stake, and we fight to protect your licence and your livelihood.

Should You Represent Yourself in Court?

No. The short answer is absolutely not.

Every day, Hannay Lawyers appears in NSW Local Courts and District Courts throughout Sydney and across the state representing clients charged with traffic offences. We know the legislation inside and out. We know the case law on sentencing. We know what arguments work with different magistrates and judges. We know how to present mitigation evidence effectively. And we know how to identify and exploit weaknesses in the prosecution’s case.

These factors can have a considerable positive impact on the outcome of your traffic matter. The difference between representing yourself and having experienced legal representation can literally be the difference between keeping your licence and losing it, between receiving a conviction and receiving a section 10 dismissal with no conviction recorded, between going to jail and receiving a community-based sentence.

Magistrates hear dozens of traffic matters every day. They’ve seen every excuse, every mitigation plea, and every self-represented defendant who thinks they can talk their way out of trouble. Most self-represented people either say too much (making admissions that hurt their case), say too little (failing to present proper mitigation), or say the wrong things (annoying the magistrate or demonstrating lack of insight into the seriousness of their conduct).

Traffic law is technical. The legislation is complex. Sentencing principles are nuanced. Magistrates and judges have wide discretion, but that discretion is guided by sentencing principles, comparable cases, mandatory minimum penalties, automatic disqualification periods, and statutory requirements that most people don’t understand.

Hannay Lawyers knows how to:

Present your case in the most favourable light while acknowledging responsibility where appropriate, explain mitigating circumstances in ways that resonate with magistrates and judges, provide character references, traffic records, employer letters and supporting documentation that actually influence sentencing outcomes, make submissions about section 10 dismissals under the Crimes (Sentencing Procedure) Act 1999 (NSW), identify procedural defences or evidentiary problems that could result in charges being withdrawn or dismissed, negotiate with police prosecutors to reduce charges or withdraw less serious matters where appropriate, and argue for outcomes that minimise the impact on your licence and your life.

The cost of legal representation is almost always less than the cost of losing your licence, losing your job, receiving a harsher penalty than necessary, or having a conviction recorded that affects your future. Don’t risk your future by trying to represent yourself.

Defending Traffic Charges in NSW

Depending on the circumstances, there are several ways to defend or mitigate traffic charges in New South Wales.

Contesting the Charges

If you believe you’re not guilty, you can plead not guilty and have the matter heard at a defended hearing. The prosecution must prove every element of the offence beyond reasonable doubt. We defend traffic charges by challenging the evidence, for example questioning the accuracy of speed detection devices, speed cameras, radar, or lidar equipment, challenging the procedures followed by police in breath testing or drug testing and whether they complied with statutory requirements, demonstrating that dangerous or negligent driving allegations don’t meet the legal threshold for the offence charged, proving you weren’t driving or weren’t the person who committed the offence, showing that police didn’t have lawful grounds to stop you, require testing, or arrest you, or raising defences such as necessity or duress in appropriate circumstances.

Success in defended hearings depends on thorough preparation, effective cross-examination of police witnesses, obtaining expert evidence where appropriate, and detailed legal submissions about the elements of the offence and the sufficiency of evidence.

Pleading Guilty with Mitigation

If you’re pleading guilty, the focus shifts to minimising the penalty and protecting your licence. Hannay Lawyers presents comprehensive mitigation including detailed submissions about your personal circumstances, employment, and family responsibilities, character references from employers, community members, or family demonstrating your good character, evidence of your driving history including traffic records showing a clean or relatively clean history, explanations of the circumstances of the offence that may reduce its objective seriousness without making excuses, evidence of genuine remorse, insight into the seriousness of the offence, and steps taken to address the conduct such as completing traffic offender programs, and submissions about the impact of licence disqualification on your employment, ability to care for dependents, or other significant consequences.

Effective mitigation can result in section 10 dismissals or conditional release orders without conviction, shorter disqualification periods than the mandatory minimum where discretion exists, fines rather than imprisonment, or community-based sentences rather than full-time imprisonment for serious offences.

Section 10 Dismissals and Conditional Release Orders

Under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW), courts have discretion to find you guilty but dismiss the charge without recording a conviction. This is one of the most favourable outcomes possible because it means no conviction, no fine, and importantly for traffic matters, often no licence disqualification (though this depends on whether disqualification is automatic under the Road Transport Act).

Section 10 dismissals are not available for all traffic offences. Where mandatory disqualification applies (such as drink driving, drug driving, or dangerous driving), the court must impose the minimum disqualification period even if granting a section 10 dismissal for the underlying offence.

However, for offences where disqualification is discretionary (such as negligent driving not occasioning death or GBH, some speeding offences, or careless driving), a section 10 can result in no conviction and no disqualification.

Courts consider factors including the nature and circumstances of the offence, your character, criminal history (if any), age, health, mental condition, your contrition and insight, and the impact of recording a conviction on your economic or social wellbeing or employment prospects.

Conditional release orders under section 9 are another option where the court can record a conviction but impose a community-based order without imprisonment, or in some cases without disqualification for discretionary disqualification offences.

Appealing Excessive Penalties

If you’ve already been sentenced and believe the penalty was manifestly excessive, you have the right to appeal to the District Court against the severity of sentence. Appeals must be lodged within strict time limits and require legal expertise to present effectively.

Hannay Lawyers has experience running sentence appeals and can advise whether your sentence is appealable and what prospects of success exist.

Interlock Orders and Licence Reinstatement

For mid and high range drink driving offences and some repeat low range offences, NSW imposes mandatory alcohol interlock orders as a condition of licence reinstatement. The interlock device prevents the vehicle from starting unless you provide an alcohol-free breath sample.

Interlock orders apply for minimum periods ranging from 12 months for first mid-range offences to 48 months for third or subsequent high-range offences. You must participate in the interlock program for the required period before having your unrestricted licence reinstated.

The cost of installing and maintaining the interlock device (typically $2,200-$2,800 per year) is borne by the offender. Exemptions from interlock requirements are available in very limited circumstances such as where you don’t own a vehicle and have no realistic prospect of needing to drive, or where genuine medical conditions prevent you from providing adequate breath samples.

Hannay Lawyers can advise on interlock requirements, assist with exemption applications where appropriate, and ensure you understand your obligations for licence reinstatement.

Why You Need Hannay Lawyers

Traffic charges might seem simple, but the consequences are serious and the law is technical. You need lawyers who appear in traffic courts daily, who know the magistrates and judges, who know the law, and who know how to fight for outcomes that protect your licence and your livelihood.

Hannay Lawyers has defended countless traffic matters in NSW courts. We’ve achieved outcomes including complete withdrawals of charges and defended hearing acquittals, section 10 dismissals with no conviction recorded, conditional release orders without licence disqualification, significantly reduced disqualification periods, fines or community-based sentences rather than imprisonment, and successful appeals against excessive sentences.

We’re available for urgent consultations and can appear in courts throughout Sydney and across New South Wales.

Contact Hannay Lawyers Today

Don’t just plead guilty and accept the consequences. Don’t represent yourself and hope for the best. Don’t underestimate how seriously NSW courts treat traffic offending.