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Traffic Law - Common Offences and Penalties

A List of Traffic Law Common Offences & Penalties

Traffic Law in NSW is a complex and an extensive system of Rules and Regulations. It is not uncommon for an individual charged with an offence under one piece of legislation to be sentenced by a penalty prescribed under different legislation. A summary of the most common offences and their penalties as at April 2011 are listed below:

Offence Penalty Type First Offence Second Offence
Drive with Novice Range PCA 0.00 to less than 0.02 * Maximum Fine $1,100 $2,200
Statutory Disqualification 6 Months 12 Months
Minimum Disqualification 3 Months 6 Months
Maximum Period of Imprisonment N/A N/A
Drive with Special Range PCA 0.02 to less than 0.05 * Maximum Fine $1,100 $2,200
Statutory Disqualification 6 Months 12 Months
Minimum Disqualification 3 Months 3 Months
Minimum Disqualification 3 Months 3 Months
Drive with Low Range PCA 0.05 to less than 0.08 * Maximum Fine $1,100 $2,200
Statutory Disqualification 6 Months 12 Months
Minimum Disqualification 3 Months 6 Months
Maximum Period of Imprisonment N/A N/A
Drive with Mid Range PCA 0.08 to less than 0.15 * Maximum Fine $2,200 $3,300
Statutory Disqualification 12 Months 3 Years
Minimum Disqualification 9 Months 12 Months
Maximum Period of Imprisonment 12 Months 12 Months
Drive with High Range PCA 0.15 and above * Maximum Fine $3,300 $5,500
Statutory Disqualification 3 Years 5 Years
Minimum Disqualification 12 Months 2 Years
Maximum Period of Imprisonment 18 Months 2 Years
Driving under the Influence* Maximum Fine $2,200 $3,300
Statutory Disqualification 9 Months 3 Years
Minimum Disqualification 12 Months 12 Months
Maximum Period of Imprisonment 9 Months 12 Months
Negligent Driving Maximum Fine $1,100 $1,100
Statutory Disqualification 0 Months 0 Months
Minimum Disqualification At the Courts Discretion At the Courts Discretion
Maximum Period of Imprisonment N/A N/A
Negligent Driving Causing Grievous Bodily Harm (GBH) * Maximum Fine $2,200 $3,300
Statutory Disqualification 3 Years 5 Years
Minimum Disqualification 12 Months 2 Years
Maximum Period of Imprisonment 9 Months 12 Months
Negligent Driving Causing Death* Maximum Fine $3,300 $5,500
Statutory Disqualification 3 Years 5 Years
Minimum Disqualification 12 Months 2 Years
Maximum Period of Imprisonment 18 Months 2 Years
Drive in Speed or Manner Dangerous or Reckless or Furious * Maximum Fine $2,200

$5,500

Statutory Disqualification 3 Years 5 Years
Minimum Disqualification 12 Months 2 Years
Maximum Period of Imprisonment 9 Months 12 Months
Street Racing Maximum Fine $3,300 $3,300
Automatic Disqualification 12 Months 12 Months
Maximum Period of Imprisonment N/A 9 Months
     
Drive while cancelled, suspended or disqualified Maximum Fine $1,100 $2,200
Statutory Disqualification 6 Months 12 Months
Minimum Disqualification 3 Months 3 Months
Minimum Disqualification 3 Months 3 Months
Drive while unlicensed Maximum Fine $2,200 $2,200
Statutory Disqualification 0 Months 0 Months
Minimum Disqualification At the Courts Discretion At the Courts Discretion
Maximum Period of Imprisonment N/A N/A
Drive while unlicensed - without holding a license for 5 years Maximum Fine $2,200 $3,300
Statutory Disqualification 0 Months N/A
Minimum Disqualification At the Courts Discretion N/A
Automatic Cumulative Disqualification N/A 3 Years
Refuse to provide a Breath Test Maximum Fine $1,100 $1,100
Statutory Disqualification 0 Months 0 Months
Minimum Disqualification At the Courts Discretion At the Courts Discretion
Maximum Period of Imprisonment N/A N/A
Refuse to provide a Blood or Urine Analysis * Maximum Fine $3,300 $5,500
Statutory Disqualification 3 Years 5 Years
Minimum Disqualification 12 Months 2 Years
Maximum Period of Imprisonment 18 Months 2 Years
Refuse to submit a Blood or Urine Sample* Maximum Fine $3,300 $5,500
Statutory Disqualification 3 Years 3 Years
Minimum Disqualification 6 Months 6 Months
Maximum Period of Imprisonment 18 Months 2 Years
Failure to stop and render assistance after an accident * Maximum Fine $3,300 $5,500
Statutory Disqualification 3 Years 5 Years
Minimum Disqualification 12 Months 2 Years
Maximum Period of Imprisonment 18 Months 2 Years

 

NSW Police RBT - Turnbull Hill Lawyers in NewcastleWhen a person appears before the Court for a Traffic Offence a copy of their NSW Criminal Record and NSW R.T.A. Traffic History is tendered to the Court by the Prosecution. If an individual has been convicted of a major traffic offence within the last five years they will be sentenced to the second offence penalty. If a person has been charged with the same offence or any other major offence and were convicted of that offence more than five years ago the second offence penalties will not apply and they will be sentenced under the first offence penalties.

The Statutory Disqualification period is the period that the Court will disqualify a person unless there are mitigating circumstances that would warrant a reduction in the disqualification period. If the Court finds mitigating circumstances are present, the disqualification period can be reduced but only to the minimum disqualification period.

The fines and periods of imprisonments noted above are the maximum amounts for each offence. The personal circumstances of the offender, the circumstances of the offence and the offender’s prior traffic and criminal history will all be relevant in determining what penalty will be imposed.

The Court is bound to impose a sentence pursuant to the guidelines above unless an individual is dealt with pursuant to section 10 of the Crimes (Sentencing and Procedure) Act. Commonly referred to as a Section 10 dismissal, even when a person has committed an offence and pleads guilty, the Court has the power not to convict the person and not to impose a disqualification period, fine and/or period of imprisonment. Since 1 December 2010 if an offender is dealt with pursuant to section 10 an individual will not lose any demerit points connected with the offence.

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 with a traffic offence you should make an appointment with Matthew Carney as soon as possible after being provided with the Court Attendance Notice.  Matthew can be contacted on 1800 994 279 or send him an email.

Note:  Major Offences are marked with an *.  The above list does not include all Major Offences as prescribed by the Legislation and you should obtain legal advice immediately if charged with a traffic offence.


Author: Matthew Carney
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