Hannaway Lawyers Pty Ltd
Traffic Infringements and Driving Offences Based in Port Macquarie
Traffic infringements and driving offences cover a wide range of matters, including licence appeals, speeding, drink driving, drug driving, disqualified driving, and related court proceedings.
Court Proceedings
Traffic Infringements and Driving Offences
In NSW, traffic offences are governed by the Road Rules 2008 and the Road Transport Act 2013. Breaching the rules or legislation will result in a traffic infringement being issued to you, or you may receive a court attendance notice.
Some breaches will result in a fine only, or a fine and a suspension. Others can attract a jail sentence. At Hannaway Lawyers Pty Ltd, we understand that being penalised and losing your licence are serious matters. It is important that you get good advice from a lawyer soon after being charged, or having your licence suspended.
Contact our team at (02) 6584 5510 for legal advice today.
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Frequently Asked Questions
What is considered a traffic infringement in NSW?
A traffic infringement is a breach of road rules or driving laws in New South Wales. Common infringements include speeding, running a red light, using a mobile phone while driving, not wearing a seatbelt, or failing to give way. These matters are usually dealt with through fines, demerit points, or licence suspensions. In some cases, traffic infringements can escalate into criminal offences, such as high-range drink driving or dangerous driving causing injury, which are handled in court and may attract more severe penalties.
How many demerit points can I accumulate before losing my licence?
In NSW, the number of demerit points allowed depends on the type of licence. Full licence holders can accumulate up to 13 points within a three-year period before facing suspension. Provisional P2 licence holders are limited to 7 points, while P1 licence holders are restricted to 4 points. Learner drivers can also accumulate a maximum of 4 points. Once the limit is reached, Transport for NSW will usually issue a licence suspension notice. The length of suspension depends on the number of points accumulated above the threshold.
Can I appeal a traffic infringement notice?
Yes. In NSW, you may choose to appeal a traffic infringement notice through the court system. Appeals can relate to licence suspensions, fines, or demerit points. When lodging an appeal, the court will review the matter and consider the circumstances, the evidence presented, and the relevant legislation. Appeals must be lodged within a specific timeframe stated on the notice, usually 28 days. It is important to be aware that penalties can be upheld, reduced, or, in some circumstances, increased, depending on the outcome of the hearing.
Roads & Penalties
Driving Offence Matters
Hannaway Lawyers Pty Ltd can assist with the following traffic law matters:
- Drink driving offences (PCAs) & drug driving
- Driving under the Influence (DUI)
- Serious driving offences, including:
- Dangerous Driving
- Negligent driving
- Reckless driving
- Predatory driving
- Burnouts
- Speeding
- Police pursuit
- Car accidents
- Common driving offences - including unlicensed driving & driving while disqualified or suspended, speeding penalties, license suspension, etc.
- Licence appeals & speeding appeals - including advice about whether you should appeal
- Boats, vessels & watercraft
- Removing a habitual offender declaration
Road Rule Offences
Road Offence Laws
While some minimum penalties are mandatory, we can advise you on the best possible strategy to adopt in attempting to reduce the penalty. In some instances, we can help you keep your licenses by getting a section 10 (non-conviction) or minimising the disqualification period.
A section 10 is where the court finds you guilty of the offence, but decides not to record a conviction. A section 10 is also now called a “Conditional Release Order without Conviction”. Since 2010, a section 10 means that you will not lose any demerit points connected with that offence.
Douglas and Gabrielle are knowledgable criminal lawyers and understand the importance of having a licence, and the difficulties caused by losing your licence. Douglas Hannaway is an Accredited Specialist in criminal law. He is only one of two solicitors in Port Macquarie with the specialist accreditation. Only 6.7% of all lawyers in NSW have specialist accreditation in criminal law.
Our lawyers have had success in obtaining section 10 for driving matters, and achieving excellent results in really serious driving matters. Traffic offences can be complicated and the punishments imposed can vary greatly depending on the representations made before a court.
There are many other factors relevant to traffic offences such as educational programs and testimonials that may be tendered in support of an offender that will have an impact on the penalty imposed. If you have been charged or lost your licence and you think you might be able to get a section 10, contact us today to lock in an appointment with one of our lawyers.
