Traffic offences in New South Wales are primarily governed by:

• Road Transport Act 2013 (NSW)

• Road Rules 2014 (NSW)

• Crimes Act 1900 (NSW) (for certain serious driving offences)

What are Traffic Offences?

Traffic offences range from relatively minor driving infringements to serious criminal offences that can result in licence disqualification, substantial fines and imprisonment.

Many traffic offences are dealt with in the Local Court and may have significant consequences for your employment, insurance, ability to drive and criminal record.

Common traffic offences include:

• Drink Driving (PCA)

• Drug Driving

• Driving Whilst Suspended

• Driving Whilst Disqualified

• Dangerous Driving

• Negligent Driving

• Furious or Reckless Driving

• Police Pursuits (Skye’s Law)

• Driving Without a Licence

• Fail to Stop and Assist After an Accident

What Must the Prosecution Prove?

The prosecution must prove each element of the particular offence beyond a reasonable doubt.

The elements vary depending on the offence but generally include proving:

• You were the driver of the vehicle.

• The alleged offence occurred in New South Wales.

• The specific legal requirements of the offence have been satisfied.

If the prosecution cannot prove every element beyond a reasonable doubt, you cannot be found guilty.

Possible Defences

The available defences will depend on the offence charged and the circumstances of your case.

Possible defences may include:

• Identification is disputed.

• Honest and reasonable mistake of fact (where applicable).

• Necessity.

• Duress.

• The prosecution cannot prove one or more elements of the offence.

• The police did not comply with the relevant legal requirements.

Possible Penalties

The penalty imposed will depend on the type of offence, your driving record and the circumstances of the offending.

Possible outcomes include:

• Section 10 dismissal (where available under current sentencing law)

• Conditional Release Order (CRO)

• Fine

• Licence disqualification

• Community Correction Order (CCO)

• Intensive Correction Order (ICO)

• Full-time imprisonment

Certain offences may also attract licence suspension, vehicle sanctions, alcohol interlock orders or mandatory participation in approved programs.