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Driving Offences – Traffic Lawyers Sydney
Our recognised Traffic Lawyers appear daily for various all driving offences and achieve the best possible outcome for our clients often with fixed fees and a free consultation.
If you are going to court for Drink Driving, Drug Driving, appealing an RMS Licence Suspension, Negligent Driving, Reckless Driving, Dangerous Driving or any Speeding or Traffic Infringement our lawyers are here to help.
Lawyers Novice Range Drink Driving
What is Novice Range Drink Driving?
Police now have the option of either issuing you a penalty notice with a fine of $561.00 and impose a 3-month immediate licence suspension for any driver who blows a novice range PCA (Prescribed Concentration of Alcohol) reading.
You can elect to take the matter to the Local Court.
You can:
-
Plead Not Guilty if you disagree with the reading or have an available legal defence; or
-
Guilty with an explanation and make an application for a Conditional Release Order (without a Conviction) ‘non-conviction order’, known socially as a ‘Section 10’ which means the offence will be dismissed, no conviction will be recorded, no penalty, and as if the offence had never occurred.
Our Sydney Traffic Lawyers can give you initial advice if you are considering either course and help you develop a Legal Defence or the best Defence Case on Sentence.
What is Novice Range Drink Driving?
Novice Range Drink Driving occurs when a driver who holds a learner or provisional licence drives on a road in New South Wales and after being tested by a Police Officer in their duty or during a Random Breath Test (RBT) and returns a blood alcohol concentration level between 0.001 and 0.019.
If you take the matter to Court and are convicted, you will be disqualified from driving by the Court.
Alternatively, the Court can impose a Conditional Release Order without conviction ‘non-conviction’ / “Section 10” and you will not be disqualified and a criminal conviction will not be entered.
What are the Penalties for Novice Range Drink Driving?
First Offence
The current Automatic Period of Disqualification is 6 months if you have not been convicted of a Major Traffic Offence (as defined in the Road Transport Act) in the last 5 years at the time of your offending conduct.
A Local Court Magistrate has the power to reduce the disqualification period to a minimum of 3 months.
The Court can also impose a fine, with a maximum amount of $2,200.00.
Second or Subsequent Offence
If you have committed a 2nd or subsequent major traffic offence within 5 years, there are different laws that apply.
The penalties for this offence includes:
-
A 3 month disqualification can be reduced to 1 month; with
-
A Mandatory Interlock Device installed in your vehicle for a period of 12 months; and/or
-
A fine up to $3,300.
If you take the matter to Court and are convicted, you will be disqualified from driving by the Court.
Alternatively, the Court can impose a Conditional Release Order without conviction ‘non-conviction’ / “Section 10” and you will not be disqualified and a criminal conviction will not be entered.
What is a Mandatory Interlock Order?
A Mandatory Interlock Order is an order made by the Court which requires a driver to have a device installed which monitors your alcohol consumption and must be blown into before using the vehicle.
Alternatively the Court can make an Exemption Order which does not require the device to be installed in your vehicle in certain circumstances.
Lawyers for Low Range Drink Driving
Police now have the option of either issuing you a penalty notice with a fine of $561.00 and impose a 3-month immediate licence suspension for any driver who blows a Low Range PCA (Prescribed Concentration of Alcohol) reading.
You can elect to take the matter to the Local Court.
You can:
-
Plead Not Guilty if you disagree with the reading or have an available legal defence; or
-
Guilty with an explanation and make an application for a Conditional Release Order (without a Conviction) ‘non-conviction order’, known socially as a ‘Section 10’ which means the offence will be dismissed, no conviction will be recorded, no penalty, and as if the offence had never occurred.
Our Sydney Traffic Lawyers can give you initial advice if you are considering either course and help you develop a Legal Defence or the best Defence Case on Sentence.
What is Low Range Drink Driving?
Low Range Drink Driving occurs when an individual drives on a road in New South Wales and after being tested by a Police Officer in the execution of their duty or during a Random Breath Test (RBT) and returns a blood alcohol concentration level between 0.050 and 0.079.
If you take the matter to Court and are convicted, you will be disqualified from driving by the Court.
Alternatively, the Court can impose a Conditional Release Order without conviction ‘non-conviction’ / “Section 10” and you will not be disqualified and a criminal conviction will not be entered.
First Offence:
The current Automatic Period of Disqualification is 6 months if you have not been convicted of a Major Traffic Offence (as defined in the Road Transport Act) in the last 5 years at the time of your offending conduct.
A Local Court Magistrate has the power to reduce the disqualification period to a minimum of 3 months.
The Court can also impose a fine, with a maximum amount of $2,200.00.
Second or Subsequent Offence
If you have committed a 2nd or subsequent major traffic offence within 5 years, there are different laws that apply.
The penalties for this offence includes:
-
A 3 month disqualification can be reduced to 1 month; with
-
A Mandatory Interlock Device installed in your vehicle for a period of 12 months; and/or
-
A fine up to $3,300.
If you take the matter to Court and are convicted, you will be disqualified from driving by the Court.
Alternatively, the Court can impose a Conditional Release Order without conviction ‘non-conviction’ / “Section 10” and you will not be disqualified and a criminal conviction will not be entered.
What is a Mandatory Interlock Order?
A Mandatory Interlock Order is an order made by the Court which requires a driver to have a device installed which monitors your alcohol consumption and must be blown into before using the vehicle.
Alternatively, the Court can make an Exemption Order which does not require the device to be installed in your vehicle in certain circumstances.
Lawyers for Mid-Range Drink Driving
What is Mid-Range Drink Driving?
Mid-Range Drink Driving occurs when you drive with a middle-range of a prescribed concentration of alcohol (PCA) in your system at the time of police intervention.
To fall into the Mid-Range Drink Driving limit, you will return a blood alcohol reading of between 0.080 and 0.149.
At Court, if you are convicted, you will be disqualified from driving by the Court.
Alternatively, the Court can impose a Conditional Release Order without conviction ‘non-conviction’ / “Section 10” and you will not be disqualified and a criminal conviction will not be entered.
You can:
-
Plead Not Guilty if you disagree with the reading or have an available legal defence; or
-
Guilty with an explanation and make an application for a Conditional Release Order (without a Conviction) ‘non-conviction order’, known socially as a ‘Section 10’ which means the offence will be dismissed, no conviction will be recorded, no penalty, and as if the offence had never occurred.
Our Sydney Traffic Lawyers can give you initial advice if you are considering either course and help you develop a Legal Defence or the best Defence Case on Sentence.
First Offence:
If your mid-range drink driving offence is your first ‘major driving offence’ in the last 5 years, the penalties are:
-
Maximum penalty of 9 months imprisonment; and/or
-
Driver Disqualification for 6 months which can be reduced to 3 months; and
-
A mandatory interlock device installed into your vehicle for 12 months; and/or
-
A maximum fine of $2,200.
Second or Subsequent Offence
If you have committed a 2nd or subsequent major traffic offence within 5 years, there are different laws that apply.
The penalties for this offence includes:
-
Maximum penalty of 12 months imprisonment; and/or
-
A 9 month disqualification can be reduced to 6 months; with
-
A Mandatory Interlock Device installed in your vehicle for a period of 24 months; and/or
-
A fine up to $3,300.
If you are convicted by the Court, you will be disqualified from driving.
Alternatively, the Court can impose a Conditional Release Order without conviction ‘non-conviction’ / “Section 10” and you will not be disqualified and a criminal conviction will not be entered.
What is a Mandatory Interlock Order?
A Mandatory Interlock Order is an order made by the Court which requires a driver to have a device installed which monitors your alcohol consumption and must be blown into before using the vehicle.
Alternatively the Court can make an Exemption Order which does not require the device to be installed in your vehicle in certain circumstances.
Lawyers for High Range Drink Driving
What is High Range Drink Driving?
High-Range Drink Driving occurs when you drive with a high-range of a prescribed concentration of alcohol (PCA) in your system at the time of police intervention.
To fall into the High-Range Drink Driving limit, you will return a blood alcohol reading of above 0.149.
At Court, if you are convicted, you will be disqualified from driving by the Court.
Alternatively, the Court can impose a Conditional Release Order without conviction ‘non-conviction’ / “Section 10” and you will not be disqualified and a criminal conviction will not be entered.
You can:
-
Plead Not Guilty if you disagree with the reading or have an available legal defence; or
-
Guilty with an explanation and make an application for a Conditional Release Order (without a Conviction) ‘non-conviction order’, known socially as a ‘Section 10’ which means the offence will be dismissed, no conviction will be recorded, no penalty, and as if the offence had never occurred.
Our Sydney Traffic Lawyers can give you initial advice if you are considering either course and help you develop a Legal Defence or the best Defence Case on Sentence.
First Offence:
If your high-range drink driving offence is your first ‘major driving offence’ in the last 5 years, the penalties are:
-
Maximum penalty of 18 months imprisonment; and/or
-
Driver Disqualification for 9 months which can be reduced to 6 months; and
-
A mandatory interlock device installed into your vehicle for 24 months; and/or
-
A maximum fine of $3,300.
Second or Subsequent Offence
If you have committed a 2nd or subsequent major traffic offence within 5 years, there are different laws that apply.
The penalties for this offence includes:
-
Maximum penalty of 2 years imprisonment; and/or
-
A 12 month disqualification can be reduced to 9 months; with
-
A Mandatory Interlock Device installed in your vehicle for a period of 48 months; and/or
-
A fine up to $5,500.
If you convicted by the Court, you will be disqualified from driving.
Alternatively, the Court can impose a Conditional Release Order without conviction ‘non-conviction’ / “Section 10” and you will not be disqualified and a criminal conviction will not be entered.
What is a Mandatory Interlock Order?
A Mandatory Interlock Order is an order made by the Court which requires a driver to have a device installed which monitors your alcohol consumption and must be blown into before using the vehicle.
Alternatively the Court can make an Exemption Order which does not require the device to be installed in your vehicle in certain circumstances.
Lawyers for Special Range Drink Driving
Special Range Range Drink Driving
Police now have the option of either issuing you a penalty notice with a fine of $561.00 and impose a 3-month immediate licence suspension for any driver who blows a special range PCA (Prescribed Concentration of Alcohol) reading.
You can elect to take the matter to the Local Court.
You can:
-
Plead Not Guilty if you disagree with the reading or have an available legal defence; or
-
Guilty with an explanation and make an application for a Conditional Release Order (without a Conviction) ‘non-conviction order’, known socially as a ‘Section 10’ which means the offence will be dismissed, no conviction will be recorded, no penalty, and as if the offence had never occurred.
Our Sydney Traffic Lawyers can give you initial advice if you are considering either course and help you develop a Legal Defence or the best Defence Case on Sentence.
What is Special Range Drink Driving?
Special Range Drink Driving occurs when a driver holds a special category licence and after being tested by a Police Officer in their duty or during a Random Breath Test (RBT) and returns a blood alcohol concentration level between 0.020 and 0.049.
If you take the matter to Court and are convicted, you will be disqualified from driving by the Court.
Alternatively, the Court can impose a Conditional Release Order without conviction ‘non-conviction’ / “Section 10” and you will not be disqualified and a criminal conviction will not be entered.
What are the Penalties for Special Range Drink Driving?
First Offence
The current Automatic Period of Disqualification is 6 months if you have not been convicted of a Major Traffic Offence (as defined in the Road Transport Act) in the last 5 years at the time of your offending conduct.
A Local Court Magistrate has the power to reduce the disqualification period to a minimum of 3 months.
The Court can also impose a fine, with a maximum amount of $2,200.00.
Second or Subsequent Offence
If you have committed a 2nd or subsequent major traffic offence within 5 years, there are different laws that apply.
The penalties for this offence includes:
-
A 3 month disqualification can be reduced to 1 month; with
-
A Mandatory Interlock Device installed in your vehicle for a period of 12 months; and/or
-
A fine up to $3,300.
If you take the matter to Court and are convicted, you will be disqualified from driving by the Court.
Alternatively, the Court can impose a Conditional Release Order without conviction ‘non-conviction’ / “Section 10” and you will not be disqualified and a criminal conviction will not be entered.
What is a Mandatory Interlock Order?
A Mandatory Interlock Order is an order made by the Court which requires a driver to have a device installed which monitors your alcohol consumption and must be blown into before using the vehicle.
Alternatively the Court can make an Exemption Order which does not require the device to be installed in your vehicle in certain circumstances.