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It is no secret that road safety is a fundamental issue confronted by all road users on our roads. There are many different types of traffic law matters in NSW with hundreds of police, speed cameras, red light cameras and safety cameras and other law enforcement officers on patrol and in use every day and night policing and detecting traffic infringements. In some cases, traffic infringements can put your driver’s licence in jeopardy. What do you do if you get a Penalty Notice or a Court Attendance Notice for a traffic law matter? Our team of traffic law defence lawyers have the answers.
I have received a Court Attendance Notice for my traffic law matter. What do I do?
A Court Attendance Notice means that you will be required to appear in court to have your traffic law charge dealt with. Common examples of traffic law matters which are dealt with by way of Court Attendance Notice and a requirement to attend court include:
- Drink driving.
- Drug driving.
- Driving whilst suspended, cancelled or disqualified.
- Driving in a manner dangerous.
It is very important that you engage a lawyer to represent you in court if you have been issued with a Court Attendance Notice to attend court for a traffic law matter. Your lawyer will be able to advise you of the potential penalties applicable to your charge as well as any potential defences.
At your first court date, the court will usually ask if you are ready to enter your plea to your traffic law matter. If you enter a plea of guilty, your matter will proceed to sentence on the day of your court appearance or on a future date should your matter be adjourned for sentence. The court will consider the nature and circumstances of the offence as well as any record of previous infringements or offences. The court will also consider any relevant character, medical or other material tendered on sentence before hearing submissions on penalty.
If you enter a plea of not guilty, your matter will be given a hearing date where the court will consider the evidence and hear submissions as to whether the offence has been proven. If the offence is not proved, the case against you will be dismissed. If the offence is proved, your matter will then proceed to sentence.
I have received a Penalty Notice. What do I do?
It is important to check your Penalty Notice carefully. Has the alleged offence been clearly stated? Are the details in the Penalty Notice correct? Where the offence is a camera detected offence, it is always a good idea to view the photographs of the infringement by following the instructions on the Penalty Notice. In some cases infringements are issued in error or they are defective at law or even issued out of time. An expert traffic law defence lawyer in Sydney will be able to carefully assess your case and advise you of your options.
Common Penalty Notices for traffic infringements include:
- Speeding offences.
- Red light camera offences.
- Using Mobile Phone whilst driving.
- Negligent driving.
I have received a fine but I wasn’t the driver. What can I do?
If you have received a Penalty Notice, you may realise that you were not the driver of your car at the particular time and date in question. If this is the case, it is important that you ascertain who the driver of your vehicle was as soon as possible and complete a nomination with the correct driver’s details. This can be done by either completing a Statutory Declaration and submitting your nomination by post or by completing a nomination online. It is important to note that there are significant penalties for providing false information in any nomination.
Can I apply for a review of my Penalty Notice?
In some cases, it may be appropriate to seek a review of your Penalty Notice. Unfortunately, the circumstances which are considered in a favourable review of a Penalty Notice for a traffic law matter are very limited and may be available when:
- You have held your driver licence for more than 10 years and have a clear driving record.
- The fine was issued to the wrong vehicle.
- Your vehicle was stolen during the time of the alleged offence.
- You were no longer the owner of the vehicle at the time of the alleged offence.
- There are circumstances or reasons warranting a review of the Penalty Notice and/or to extend leniency generally.
Your lawyer will be able to assess your matter and the circumstances of the alleged offence before advising you whether you should consider submitting a review of your Penalty Notice.
Does my traffic offence incur demerit points?
Many traffic infringements attract demerit points. As a general guide, the more serious the traffic infringement, the more demerit points will apply to the offence. A list of offences and their applicable demerit points can be found here.
How can I check how many demerit points I have?
All drivers commence with zero demerit points. If an offence is committed which attracts demerit points, they are added to your driving record. If you reach or exceed your maximum demerit points quota within a 3 year period, your licence will be suspended or will not be eligible for renewal for a specified period of time if it has expired. The demerit points quotas in NSW are as follows:
- unrestricted licence – 13 points
- professional drivers – 14 points
- provisional P2 licence – 7 points
- provisional P1 licence – 4 points
- learner licence – 4 points
- unrestricted licence during a good behaviour period – 2 points.
You can check your demerit points through Service NSW or online.
I can’t afford to pay my Penalty Notice. What can I do?
There are a few options available if you cannot afford to pay your Penalty Notice. You can set up a payment plan to pay your fine by instalments, request a reduction of your fine or to have it written off or apply for a Work and Development Order to pay off your fine by doing unpaid work, courses or counselling.
Can I elect to have my Penalty Notice heard in court?
The decision whether to pay a Penalty Notice or elect to have your matter determined by a court is not a straightforward decision. If you do not agree with your Penalty Notice and wish to contest it, you will need to complete a court election and defend your matter in court. At your first court date, the court will ask you to indicate your plea to your infringement. If you enter a plea of not guilty, your matter will be given a hearing date where the court will consider the evidence and hear submissions as to whether the offence in the Penalty Notice has been proved.
It is important to obtain legal advice from an expert traffic ticket lawyer in Sydney before deciding whether to elect to take your traffic infringement to court. In some instances, a court election is unwise as the court has the power to impose fines which far exceed the amount stated on the Penalty Notice. In addition, court costs can also apply if a plea of guilty is entered or the court finds the offence proved.
My licence has been suspended. Can I appeal?
In some cases, your traffic infringement will give rise to your licence being suspended for a period of time, meaning that you will not be able to drive during your suspension period under any circumstances. This can have a significant impact on your ability to complete ordinary tasks and can place your employment in jeopardy. Thankfully, in many cases, a right of appeal exists against the decision to suspend a driver’s licence.
Our team of traffic ticket defence lawyers can assist you with your licence appeal. Our team of traffic lawyers in Sydney will help you in your licence appeal by identifying whether you are able to appeal your licence suspension and to draft and lodge your appeal on your behalf before helping your prepare your appeal and then appearing on your behalf in court to try and obtain the best outcome for you in the circumstances. There are strict time limits which apply to lodging of any licence appeals so it is important that you seek advice from an expert traffic lawyer in Sydney without delay to discuss your options.
How do I choose the right traffic law defence lawyer?
Choosing the right traffic law defence lawyer in Sydney is important to maximise your chances of obtaining the best possible outcome in your case. Our team of lawyers have many years of experience in traffic law and possess a detailed knowledge of the various legislation governing traffic law. Our lawyers are highly skilled and respected advocates who pride themselves on their ability to give you detailed, yet easy to understand legal advice and to present your case persuasively to obtain the best possible outcome.
The decision whether to accept your traffic infringement and pay the Penalty Notice is not always as straight forward as it appears to be. The accumulation of demerit points and the prospect of licence suspensions for certain offences can result in an unexpected escalation of consequences. It is therefore important to obtain legal advice prior to making any decision to accept the traffic infringement or to decide to proceed by way of a court election.
If you have elected to have your traffic infringement determined in court, or have been issued with a Court Attendance Notice, our lawyers will be able to advise you as to any potential defences which you may have and to guide you with the best approaches to your case to maximise your chances of a successful outcome. Our lawyers are highly regarded advocates who pride themselves on obtaining the best possible results for our clients.
Why choose Australian Lawyers and Advocates?
If you have received a traffic ticket or infringement, our team of traffic ticket defence lawyers in Sydney can help. We will carefully consider your case and provide expert advice on your options.
Our team of expert criminal and traffic ticket defence lawyers in Sydney have a proven track record of securing successful outcomes for our clients in criminal law matters. Our results speak for themselves.
If you require expert representation in a criminal or traffic law matter, don’t delay. Contact our expert criminal defence lawyers in Sydney today.
The content contained within this guide is expressed as a general guide as to this area of law and is not intended to contain legal advice specific to an individual’s case. If you, or someone you know has been charged with a criminal or traffic offence and requires legal advice, do not hesitate to contact Australian Lawyers and Advocates to discuss any criminal law or traffic law matters further.
