Traffic offences/incidents and Penalty notices

  • Overview & Examples
  • What You Need To Know
  • Specialising Lawyers
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Overview

Traffic offences/incidents and Penalty notices

Obeying the road rules in New South Wales is vital to ensure your safety and that of others when driving. However, motorists may occasionally find themselves disobeying road rules, such as not abiding by the speed limit, which consequently leads to them receiving a penalty notice and incurring demerit points. This can also have the result in your licence being suspended if the offence is serious enough or if you have accumulated or exceeded the maximum number of demerit points allowed.

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What You Need To Know

What Is Your Next Step Once You Have Been Charged With The Offence?

Once you have received a penalty notice, you will have the opportunity to request a review through Revenue New South Wales. However, this must be done before the due date for payment as provided for on the penalty notice. To successfully seek a review of the penalty notice, there must usually be exceptional circumstances or you believe there is an error in the issuing of the penalty notice. For example, if you have received a penalty notice for speeding whilst you were delivering someone to the hospital in a medical emergency, then you may choose to dispute the penalty.

If your request for a review by Revenue New South Wales is unsuccessful, there may be grounds to contest the penalty notice in the Local Court through the court election process. However, such grounds will depend upon the gravity of the offence, your previous driving or criminal record and other personal factors affecting your circumstances.


When Should You Consult A Lawyer?

You should consult a lawyer and seek legal advice and representation before considering an election to have your penalty notice dealt with in the Local Court. Navigating through the complexities of the legal system can be difficult and stressful for a number of reasons. So, in order to obtain the best outcome, it is highly recommended that you seek legal advice from Brydens Lawyers as soon as possible. We will recover your instructions as to your particular circumstances, collate any necessary evidence on your behalf and advise you as to the prospects of success in relation to any proposed challenge.


What Kind Of Traffic Offences Can I Be Charged With?

Traffic offences in New South Wales range from minor infringements to serious criminal law violations. Speeding offences, failing to adhere to traffic laws, and not wearing a seatbelt fall into the category of common infractions that result in the issuing of a penalty notice. However, more severe transgressions, such as drink driving offences, drug driving offences, and dangerous driving, can lead to more significant consequences, including the suspension of your licence or even criminal charges being laid.

The complete list of possible offences is vast and disputing a penalty notice can be lengthy and complex. If Revenue New South Wales rejects your application for review, you may elect to have your case dealt with in the Local Court, at which time you may need the assistance of experts such as Brydens Lawyers, for legal advice and representation.


Will I Lose My Driver's Licence?

There are a number of ways in which you may lose your licence. One is to accumulate demerit points that can result in the automatic suspension of your licence, even if only minor infractions have occurred over a period of time. For more severe offences, such as drink driving or dangerous driving, the Court is likely to impose harsher penalties. This can include more prolonged periods of suspension and/or the requirement for the implementation of an alcohol interlock device to be installed in a motor vehicle.


Why Are Brydens Lawyers The Right Representation For You?

Navigating the complexities of traffic offences and the issuing of fines can be daunting. It is essential to understand your rights and the potential implications of any traffic offence. A police officer issuing an infringement notice for a speeding offence or any other traffic related issue does not necessarily mean that it is the end of the road for your driving privileges. With proper legal representation, you may be able to contest the charges, minimise the penalty or even secure a dismissal under certain circumstances.

At Brydens Lawyers our expertise spans all areas of traffic law, from handling minor speeding offences to defending clients against allegations of alcohol or drug use whilst driving. Our team of skilled lawyers understands the nuances of all the motor vehicle regulations and is committed to providing you with the best possible advice and outcomes for your case. Whether you are facing a licence suspension or challenging an infringement notice, we are here to ensure your case is handled with the utmost care and professionalism. Contact us online or call 1800 848 848 today.

Testimonials

In January I lost my license for 6 months due to a medical condition. I got in contact with Avinash Singh from Brydens Lawyers, straight away Avinash put me at ease. Within a week my license was renewed, and I was able to drive again. I was so impressed with the dealings I had with Avinash and Brydens Lawyers, I wouldn’t hesitate to use them again or recommend them to my family of friends.

Andrew Johns of the NRL

Avinash made us feel at ease and has taken the stress from us. Today I can say we are much happier as a family and we have our son back.

A client of our Criminal Law division

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Criminal Law

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Bandeli (Lee) Hagipantelis
Bandeli (Lee) Hagipantelis

Principal

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William Del Din
William Del Din

Senior Associate, Practice Group Manager – Criminal Law Division

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Suzette Pereira
Suzette Pereira

Senior Lawyer

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