Navigating Sydney’s roads is challenging enough without the stress of a traffic offence notification arriving in the mail. Whether it is a camera fine or a roadside suspension, these violations can have serious consequences for your employment and freedom.
At Best Sydney Criminal Lawyers, we know that losing your licence often means losing your livelihood. Our guide offers practical strategies for fighting traffic offences and protecting your driving record.
Sydney’s Most Common Traffic Offences
New South Wales enforces some of the strictest traffic laws in the world. Understanding the specific charge you face is the first step in your defence.
Speeding: The Most Common Trap
Speeding remains the most frequent offence. However, the penalties escalate quickly depending on the speed tier:
- Under 10km/h: Demerit points and a fine.
- Over 30km/h or 45km/h: Mandatory licence suspension periods apply immediately.
Mobile Phone Detection
With the rollout of high-definition detection cameras, thousands of drivers are caught simply touching their phones. The penalty is severe: 5 demerit points (or 10 during double demerit periods). This single offence can result in an immediate suspension for P-Plate drivers.
Alcohol and Drug Driving
Drink and drug driving offences are not just traffic matters; they are criminal charges. A conviction results in:
- Automatic licence disqualification (minimum periods apply).
- A criminal record.
- Mandatory Interlock orders (for alcohol offences).
How We Handle Traffic Cases
Traffic law is technical. We approach every case with a strategy to minimise points and avoid disqualification.
1. Licence Appeals
If you receive a suspension letter from Transport for NSW (RMS), we can lodge an appeal to the Local Court. We argue that you are a “fit and proper person” and that your need for a licence (for work or family) outweighs the need to suspend you. A successful appeal can result in the Magistrate quashing the suspension completely.
2. Section 10 (No Conviction)
For serious offences like Drink Driving or Negligent Driving, we fight for a Section 10 dismissal (now a Conditional Release Order without conviction). This means you plead guilty, but the court chooses not to record a conviction or disqualify you.
How to Fight Traffic Offences Effectively
Simply paying the fine admits guilt. Before you pay, consider your options.
Scrutinise the Evidence
Police make mistakes. We request the camera images, calibration certificates, and police body-worn video. If the speed camera was not calibrated correctly, or if the police officer did not follow procedure, the evidence may be inadmissible.
Explore “Good Behaviour” Options
If you are an unrestricted driver facing a demerit point suspension, you may be eligible to elect a Good Behaviour Period for 12 months. This allows you to keep driving, provided you do not accrue 2 or more points. We advise clients on whether this risk is worth taking compared to a court appeal.
Final Thoughts
Traffic laws in Sydney are designed to keep roads safe, but the penalties can sometimes be disproportionate to the error. Losing your licence can spiral into losing your job.
At Best Sydney Criminal Lawyers, we fight to keep you on the road. Whether it is a simple speeding ticket or a serious dangerous driving charge, our team is ready to defend your rights. Contact us today for a review of your traffic matter.
