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Traffic / Driving Offences

This page will guide you through other traffic and driving offences, which are open to appeal, and some strategies that may help you achieve the best possible outcome at court.

Negligent Driving

Negligent, Furious or Reckless Driving is a very common charge before all NSW courts. If you are involved in an accident where someone was hurt you could be charged with this offence. The likely penalty for this type of offence is a licence suspension and fine. However, in the case of more serious injury you could face the charge of Negligent Driving Causing Grievous Bodily Harm and an automatic disqualification of 3 years. With the help of a good lawyer this could potentially be reduced to 12 months and in some cases the court may show leniency and permit you to keep your licence.

For an obligation FREE appraisal of your individual case CALL 1800 438 688 to speak with one of our qualified lawyers.

Dangerous driving

CRIMES ACT 1900 NSW- SECT 52A 

If you are charged with Dangerous driving occasioning death and you were driving:

(a) under the influence of intoxicating liquor or of a drug, or

(b) at a speed dangerous to another person or persons; or

(c) in a manner dangerous to another person or persons.

You should seek legal advice immediately. CALL 1800 438 688 to speak with an experienced lawyer, who can provide a free appraisal of your case.

A conviction of this offence may potentially involve up to 10 years’ imprisonment.

Licence Appeals

RMS (RTA) decisions which may be appealed include:

  • A decision by the RMS to suspend your licence for speeding by more than 30 or more than 45 k.p.h.
  • A decision by the RMS to suspend a provisional (red or green P) licence due to loss of demerit points.
  • Decisions by police to suspend your licence on the spot – for example, for mid or high range drink driving or speeding by more than 30kph or more than 45kph.
  • A fully licenced driver who wishes to plead ‘not guilty’ to the offence that caused the demerit points suspension.
  • In a situation where a fully licenced driver wishes to plead ‘guilty’ to the offence that caused the demerit points suspension, the lawyer may request that the matter be dealt with by way of a Section 10 i.e. where you are found guilty of the offence but no conviction is recorded.

Decisions which may not be appealed include:

  • Decisions to suspend full licence holders for loss of demerit points
  • Decisions to suspend an interlock drivers licence
  • Where you are on a good behaviour bond licence and you breach your bond.

When you contact us we will be able to advise you of the best legal strategy to get the best possible outcome.

What else can we do for you?What else can we do for you?

Get in quick!

You only have 28 days after receiving the notice of suspension letter from the RMS (RTA) to lodge your appeal. Generally the last day to lodge the appeal is the day before the suspension is due to start. If you do not lodge your application in time, the court cannot hear your appeal, and you must serve the suspension. CALL US today to get advice on your chances of a successful licence appeal!

The content and any linked publications on this website are intended to only provide a general summary and overview on the subject of interest. It is not intended to be or constitute legal advice. Whilst we attempt to update the content the law is constantly changing on this basis we do not guarantee its currency. You should seek legal or other professional advice before acting or relying on any of the Content within this site or any other legal issue.