Speeding
&
Other Traffic Offences

Penalties

	Demerit Point Entitlements
	Unrestricted P2 P1 Good Behav.	12 pts in 3 yrs 7 pts in 3 yrs 4 pts in 3 yrs 2 pts in specified period
	Speed Dangerous s42(2) RT(STM) Act
	1st Offence :	Fine upto $2,200 Upto 9 months gaol Disq 1 yr minimum Disq 3 yr Automatic
	2nd Offence:	Fine upto $5,500 Upto 1 yr gaol Disq 2 yr min, 5 yr Auto
	Speeding over 45 km/h
	Offence :	Fine upto $2,200 Disq 6 months
	Speeding over 30 km/h
	Offence :	Fine upto $2,200 Disq 3 month s

Infringements such as speeding results in loss of licence due to demerit points. Drivers are then often tempted into taking up a good behaviour licence with the RTA where they are left with one point. We have represented individuals who subsequently breach the good behaviour conditions and then face a lengthy period off the road.

Good Behaviour Licence
Demerit Points Suspension

	Good Behaviour Licence Breach Suspension Periods
	12-15 points 16-19 points 20+ points	6 months 8 months 10 months
	Demerit Suspension Periods
	12-15 points 16-19 points 20+ points	3 months 4 months 5 months
	Speeding over 30 km/h
	Offence :	Fine upto $2,200 Disq 1 month

The Defence. The best way to defeat a breach of a good behaviour bond is to challenge the alleged breach offence. Officers do not always correctly estimate or take speed readings, equipment failures and equipment calibrations are not always accurate. Although the technology may be complex, it should be correctly investigated prior to pleading guilty or accepting breaches. We always recommend that if you are in doubt about the allegation then you should challenge the matter in court. People often do not give enough thought to the future, future offences or breaches with the likely cumulative consequences if you have a poor traffic record. Prevention of future escalation of penalties is possible with the proper advice.

Immediate Licence Suspension for:

Driving offence causing death or GBH.

Speeding in excess of 45 km/h over the speed limit.

Middle or high range PCA .

A street racing offence.

An aggravated burnout offence.

Speeding 30km/h+ as learner or provisional licence.

Driving unaccompanied & holder of a learner licence.

Habitual Traffic Offender

Convictions for three major offences in Court - put you in the position of being susceptible to habitual offender declarations carrying 5 years additional disqualification per declaration.

The Court can Quash the declaration under s10EA(3) or reduce it to no less than 2 years under section 10 EA(6). Contact a solicitor if you are at risk or if you are subject toa HTO so that we may assist to reduce or quash it.

Other Offences

	Drive Whilst Disqualified - or - Suspended - or - Cancelled s25A(1)(2)(3) RT (DL) Act
	1st Offence	Fine upto $3,300 Upto 18 months gaol Disq 1 yr Automatic
	2nd Offence:	Fine upto $5,500 Upto 2 yr gaol Disq2 yr Auto
	Drive Manner Dangerous s42(2) RT(STM) Act
	1st Offence :	Fine upto $2,200 Upto 9 months gaol Disq 1 yr minimum Disq 3 yr Automatic
	2nd Offence:	Fine upto $5,500 Upto 1 yr gaol Disq 2 yr min, 5 yr Auto

Driving whist disqualified is a common offence and has few defences EL Hassan v DPP [2000] NSWCA 330; DPP v Kailahi [2008] NSWSC 752.

Offences commonly referred to as Neg Driving NG, Drive Manner Dangerous DMD and Drive Occasioning Death DOD (aka culpable driving) face serious penalties stretching beyond disqualification periods. Cases: Saunders [2002] NSWCCA 362.

The consequences of these offences commonly result in serious damage to property or injury to others. We have appeared in precedent matters involving drag racing, dangerous driving and other driving matters involving deaths. We know which barristers typically Queen's Counsel or Seniour Counsel, are the most skilled and experienced should you choose to retain them. We conduct and run these matters ourselves and can provide you with the confidence and trust in your lawyer that you need during times of high stress.

Please refer to the RTA which provides voluminous information on all penalties. Disqualification periods are under s. 188 Road Transport (General) Act.

Professional Drivers

We act in respect of the Ministry of Transport cases, Tow Truck Driving Authority and conduct all appeals to the ADT (Tribunals). Do not risk your livelihood please contact us immediately.Many taxi drivers and other driving professionals choose our firm to represent them when their livelihoods, homes and family's welfare are at stake. We are acutely aware of what a licence means to you. The Magistrates and Judges note the death and carnage on NSW roads as a result of poor driving and other mistakes people make. We represent our client's interest in the present circumstances. We are experienced in dealing with the media and are involved in high profile cases. Whatever your driving offence we can assist you.