Level 1, 288 Crown Street, Wollongong NSW 2500Mon to Fri 9 am to 5 pmamy@goodlegallawyers.com.au

Driving offences and licence appeals

Traffic Law

Losing your licence can mean losing your job. We act in drink and drug driving charges, serious driving offences and licence appeals.

Most traffic offences in NSW are dealt with under the Road Transport Act 2013 (NSW). Many carry automatic licence disqualification periods, and some carry a risk of imprisonment. Good advice before your first court date can change the result.

Drink driving (PCA)

Prescribed concentration of alcohol (PCA) offences are graded by your blood or breath alcohol reading:

RangeReading
Low range0.05 to less than 0.08
Mid range0.08 to less than 0.15
High range0.15 or more

Learner and provisional drivers, and some professional drivers, must have a zero or near-zero reading. Lower ranges (the novice and special ranges) apply to them.

Penalties rise with the range and with any previous offences. Depending on the charge, they can include fines, disqualification, an interlock order and, for the most serious cases, imprisonment. We advise you on the likely outcome, whether there is a defence, and how to prepare for sentence.

Other offences we deal with

Drug driving (presence of a prescribed illicit drug)Driving under the influenceDriving while disqualified, suspended or cancelled Unlicensed drivingFalse licence applicationsDangerous and negligent drivingPolice pursuits Speeding and excessive speedRed light offencesMobile phone offencesBus lane and transit lane offencesFailing to nominate the driver

Penalty notices: pay or contest?

If you receive a penalty notice, you can pay it, ask Revenue NSW for a review, or elect to have the matter heard in court. Paying the fine usually means demerit points and, for some offences, a licence suspension. Going to court gives you the chance to contest the offence or ask for a lenient outcome, but the court can impose a higher penalty than the notice. We can advise you on the better course.

Licence appeals

Many licence suspensions and refusals by Transport for NSW or police can be appealed to the Local Court. Appeal periods are short, often 28 days from the notice, so act quickly. We act in appeals involving:

  • provisional (P1 and P2) licence suspensions for demerit points;
  • suspensions for excessive speed;
  • prohibited vehicle restrictions for provisional drivers;
  • visiting and overseas drivers; and
  • licence decisions about age, medical conditions and driving tests.

Our fixed fee for a licence appeal in the Wollongong area is set out on our fees page.

Frequently asked questions

Can I keep my licence?

It depends on the offence. For some offences the court can deal with the matter without recording a conviction, which may avoid the automatic disqualification. See avoiding a criminal record.

Should I plead guilty by letter?

Some people do, but a written plea gives the magistrate little information about you. A lawyer can present references, a traffic offender program certificate and evidence of your need for a licence. That material often affects the outcome.

Do I need to do a traffic offender program?

It is not compulsory, but completing a recognised program before sentence can show the court you have taken the offence seriously. We can tell you whether it would help in your case.

Have a court date?

Your first conference with us is free. Call now and we will tell you where you stand.