Penalty Notice Lawyers NSW

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.

OffencePenalty TypeFirst OffenceSecond Offence
Drive with Novice Range PCA 0.00 to < 0.02 *Maximum Fine$1,100$2,200
Automatic Disqualification6 Months3 Months
Minimum Disqualification3 Months1 Month
Maximum Period of ImprisonmentN/AN/A
Interlock PeriodN/A12 Months
Drive with Special Range PCA 0.02 to < 0.05 *Maximum Fine$1,100$2,200
Automatic Disqualification6 Months3 Months
Minimum Disqualification3 Months1 Month
Maximum Period of ImprisonmentN/AN/A
Interlock PeriodN/A12 Months
Drive with Low Range PCA 0.05 to < 0.08 *Maximum Fine$1,100$2,200
Automatic Disqualification6 Months3 Months
Minimum Disqualification3 Months1 Month
Maximum Period of ImprisonmentN/AN/A
Interlock PeriodN/A12 Months
Drive with Mid Range PCA 0.08 to < 0.15 *Maximum Fine$2,200$3,300
Automatic Disqualification12 Months9 Months
Minimum Disqualification6 Months6 Months
Maximum Period of Imprisonment9 Months12 Months
Interlock PeriodN/A2 Years
Drive with High Range PCA 0.15 and above *Maximum Fine$3,300$5,500
Automatic Disqualification9 Months12 Months
Minimum Disqualification6 Months9 Months
Maximum Period of Imprisonment18 Months2 Years
Interlock Period2 Years4 Years
Driving under the Influence*Maximum Fine$2,200$3,300
Automatic Disqualification12 Months9 Months
Minimum Disqualification9 Months6 Months
Maximum Period of Imprisonment6 Months12 Months
Interlock PeriodN/A2 Years
Driving NegligentMaximum Fine$1,100$1,100
Statutory Disqualification0 Months0 Months
Minimum DisqualificationAt the Courts DiscretionAt the Courts Discretion
Maximum Period of ImprisonmentN/AN/A
Negligent Driving Causing Grievous Bodily Harm (GBH) *Maximum Fine$2,200$3,300
Automatic Disqualification3 Years5 Years
Minimum Disqualification12 Months2 Years
Maximum Period of Imprisonment9 Months12 Months
Negligent Driving Causing Death*Maximum Fine$3,300$5,500
Automatic Disqualification3 Years5 Years
Minimum Disqualification12 Months2 Years
Maximum Period of Imprisonment18 Months2 Years
Drive in Speed or Manner Dangerous or Reckless or Furious *Maximum Fine$2,200$3,300
Automatic Disqualification3 Years5 Years
Minimum Disqualification12 Months2 Years
Maximum Period of Imprisonment9 Months12 Months
Street RacingMaximum Fine$3,300$3,300
Automatic Disqualification12 Months12 Months
Maximum Period of ImprisonmentN/A9 Months
Drive while cancelled, suspended or disqualifiedMaximum Fine$3,300$5,500
Automatic Disqualification12 Months2 Years
Maximum Period of Imprisonment18 Months2 Years
Drive while unlicensedMaximum Fine$2,200$2,200
Automatic Disqualification0 Months0 Months
Minimum DisqualificationAt the Courts DiscretionAt the Courts Discretion
Maximum Period of ImprisonmentN/AN/A
Drive while unlicensed – without holding a license for 5 yearsMaximum Fine$2,200$3,300
Automatic Disqualification0 MonthsN/A
Minimum DisqualificationAt the Courts DiscretionN/A
Automatic Cumulative DisqualificationN/A3 Years
Maximum Period of ImprisonmentN/A18 Months
Refuse to provide a Breath TestMaximum Fine$1,100$1,100
Automatic Disqualification0 Months0 Months
Minimum DisqualificationAt the Courts DiscretionAt the Courts Discretion
Maximum Period of ImprisonmentN/AN/A
Refuse to provide a Breath, Blood or Urine Analysis *Maximum Fine$3,300$5,500
Automatic Disqualification9 Months12 Months
Minimum Disqualification6 Months9 Months
Maximum Period of Imprisonment18 Months2 Years
Interlock Period2 Years4 Years
Refuse to submit a Blood or Urine Sample*Maximum Fine$3,300$5,500
Automatic Disqualification3 Years3 Years
Minimum Disqualification6 Months6 Months
Maximum Period of Imprisonment18 Months2 Years
Failure to stop and render assistanceMaximum Fine$3,300$5,500
Statutory Disqualification3 Years5 Years
Minimum Disqualification12 Months2 Years
Maximum Period of Imprisonment18 Months2 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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