Traffic Law - Common Offences and Penalties

Written on the 24 November 2016 by Matthew Carney

A List of Traffic Law Common Offences & Penalties - NSW

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 November 2016 are listed below.

Offence Penalty Type First Offence Second Offence
Drive with Novice Range PCA 0.00 to < 0.02 * Maximum Fine $1,100 $2,200
Automatic Disqualification 6 Months 3 Months
Minimum Disqualification 3 Months 1 Month
Maximum Period of Imprisonment N/A N/A
Interlock Period N/A 12 Months
Drive with Special Range PCA 0.02 to < 0.05 * Maximum Fine $1,100 $2,200
Automatic Disqualification 6 Months 3 Months
Minimum Disqualification 3 Months 1 Month
Maximum Period of Imprisonment N/A N/A
Interlock Period N/A 12 Months
Drive with Low Range PCA 0.05 to < 0.08 * Maximum Fine $1,100 $2,200
Automatic Disqualification 6 Months 3 Months
Minimum Disqualification 3 Months 1 Month
Maximum Period of Imprisonment N/A N/A
Interlock Period N/A 12 Months
Drive with Mid Range PCA 0.08 to < 0.15 * Maximum Fine $2,200 $3,300
Automatic Disqualification 12 Months 9 Months
Minimum Disqualification 6 Months 6 Months
Maximum Period of Imprisonment 9 Months 12 Months
Interlock Period N/A 2 Years
Drive with High Range PCA 0.15 and above * Maximum Fine $3,300 $5,500
Automatic Disqualification 9 Months 12 Months
Minimum Disqualification 6 Months 9 Months
Maximum Period of Imprisonment 18 Months 2 Years
Interlock Period 2 Years 4 Years
Driving under the Influence* Maximum Fine $2,200 $3,300
Automatic Disqualification 12 Months 9 Months
Minimum Disqualification 9 Months 6 Months
Maximum Period of Imprisonment 6 Months 12 Months
Interlock Period N/A 2 Years
Driving Negligent 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
Automatic 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
Automatic 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

$3,300

Automatic 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 $3,300 $5,500
Automatic Disqualification 12 Months 2 Years
Maximum Period of Imprisonment 18 Months 2 Years
Drive while unlicensed Maximum Fine $2,200 $2,200
Automatic 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
Automatic Disqualification 0 Months N/A
Minimum Disqualification At the Courts Discretion N/A
Automatic Cumulative Disqualification N/A 3 Years
Maximum Period of Imprisonment N/A 18 Months
Refuse to provide a Breath Test Maximum Fine $1,100 $1,100
Automatic 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 Breath, Blood or Urine Analysis * Maximum Fine $3,300 $5,500
Automatic Disqualification 9 Months 12 Months
Minimum Disqualification 6 Months 9 Months
Maximum Period of Imprisonment 18 Months 2 Years
Interlock Period 2 Years 4 Years
Refuse to submit a Blood or Urine Sample* Maximum Fine $3,300 $5,500
Automatic 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 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

 

When a person appears before the Court for a Traffic Offence a copy of their NSW Criminal Record and NSW Roads and Maritime. 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.


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If you have any further questions in relation to to traffic offences, or you've been charged with a traffic offence, please call Matthew Carney on 1800 994 279 or email him. A member of our Criminal Team will endeavour to respond to your enquiry within 24 hours.

- Matthew Carney
   Criminal Lawyer

Matthew Carney - Drink Driving Lawyer in NSW

 


Author: Matthew Carney
About: Matthew Carney is the head of the Family & De Facto Law Team and our Criminal Law Team. Matthew provides practical and effective family law advice to clients in all matters including property settlements, parenting matters, applications for divorce, annulment applications, child support, contravention, recovery and relocation proceedings. Matthew assists his clients to resolve matters in their best interests at the earliest possible opportunity. Matthew explains the law in an individual way tailored to each clients needs while demonstrating genuine care and compassion in this difficult time.
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