A specialist traffic offence lawyer understands Traffic law, especially the complexities of Traffic law in NSW. Traffic or Criminal Lawyers know the underlying considerations that might not be evident for the driver charged with a specific traffic offence.
The main legislation that governs traffic offences in NSW is The Road Transport Act 2013 and the Crimes Act 1900. A driver will either receive a traffic infringement or a Court Appearance Notice if any of these Acts were violated.
Some traffic offences will result in a fine and demerit point loss, a suspended licence, or a term of imprisonment. Therefore, it is important to know and understand the seriousness of traffic offences in New South Wales to avoid a criminal record or imprisonment.
Serious traffic offences are known as major traffic offences in New South Wales. A major traffic offence is defined under Section 4 of the Road Transport Act 2013. Some of the serious or major traffic offences in NSW are:
Most of these traffic offences can result in serious penalties or lengthy terms of imprisonment. Most of these convictions for a dangerous driving offence can negatively impact drivers’ privileges. In some cases, disqualification is mandatory. The consequences of a conviction for major offences in NSW can be severe, and a specialist Sydney traffic lawyer can be the difference between going home without a criminal record, with your licence intact, or a conviction with jail time.
Dangerous Driving
Dangerous driving can be categorised as follows:
Dangerous Driving Occasioning Death
According to Section 52A of the Crimes Act 1900 (NSW), the dangerous driving of a person caused the death of another person in an impact or accident. This is because the driver was either under the influence of alcohol or drugs, drove at a dangerous speed, or drove dangerously.
The maximum penalty for this serious offence is up to 10 years imprisonment.
Aggravated Dangerous Driving Occasioning Death
This offence is committed in circumstances of aggravation. These circumstances are:
The maximum penalty for this serious driving offence is 14 years imprisonment.
Dangerous Driving Occasioning Grievous Bodily Harm
A person driving a vehicle is involved in an accident that caused grievous bodily harm to a person in the other vehicle. The driver was either under the influence of alcohol or drugs drove at a dangerous speed or drove dangerously. The Crimes Act 1900, states that grievous bodily harm means permanent and serious disfigurement.
The maximum penalty for this serious offence is up to 7 years imprisonment.
Aggravated Dangerous Driving Occasioning Grievous Bodily Harm
This offence is committed in circumstances of aggravation. These circumstances are:
The maximum penalty for this serious driving offence is 11 years imprisonment.
It is the responsibility of the driver charged with any of the above offences to prove that one or more of the following circumstances did not cause the crash. The driver has to prove that he/she did not drive at a dangerous speed and in a dangerous manner and was not under the influence of alcohol or drugs.
Negligent Driving
According to Section 117(1) of the Road Transport Act 2013 the difference between negligent driving and dangerous driving is that a person can drive negligently without being under the influence of alcohol or drugs, or speeding.
A driver will face 30 penalty points or 18 months imprisonment for a first-time offence of negligent driving. If a death occurs due to negligent driving, a driver will receive a fine of 50 penalty units or two years imprisonment. If the driver caused grievous bodily harm as a first offence a fine of up to 20 penalty points or nine months in prison will be enforced and for an additional offence where negligent driving caused grievous bodily harm, a fine of 30 penalty units and 12 months imprisonment will apply.
Furious and Reckless Driving
According to Section 117(2) of the Road Transport Act 2013 (NSW), it is illegal to drive a vehicle furiously and recklessly at a dangerous speed, drive dangerously on the road, or at a speed that endangers the public. The court will take the nature, use, and condition of the road into consideration, as well as the amount of traffic and hazards on the road in consideration, to find a person guilty.
Furious driving endangers the lives of passengers and other users on the road. It is described as a wilful or malicious act. Reckless driving is when a driver knowingly drives in a way that is a serious and obvious risk to the safety of the passengers or other road users without giving any thought to the risk.
The maximum penalties for this major traffic offence are 20 penalty units or nine months in prison.
Menacing Driving
Section 18 of the Road Transport Act 2013 sees menacing driving as a serious traffic offence. The offence can be towards a person or a property and does not have to occur on the road. The driver threatens or appears threatening to another person. The driver had intent to menace, or the behaviour of the driver had the possibility of menace.
The charge for the intent to menace is 30 penalty units and/ or 18 months imprisonment. Additional offences have a maximum traffic fine of 50 penalty units and/ or 2 years imprisonment. The charge for the possibility of menace is up to 20 penalty units and/ or 12 months imprisonment. Any additional offences will have a maximum fine of 30 penalty units and/or 18 months in prison.
The defence has to prove that the driver could not reasonably avoid menacing the other person under the circumstances.
Predatory Driving
Section 51A of the Crimes Act 1900 (NSW) is violated when a driver pursues another vehicle with the intent to cause the person in the other vehicle physical harm. The pursuer can either cause a collision or even just threaten to cause a collision.
The maximum penalty is five years imprisonment.
Driving Offences Causing Death or Occasioning Grievous Bodily Harm
This major traffic offence is committed when a person uses a vehicle to cause the death of another person or cause grievous bodily harm to another. This offence is prosecuted under the Crimes Act 1900 and includes:
These charges will usually only apply to very serious or deliberate driving accidents. These charges are relatively rare, and the maximum penalties range from two years to life in prison.
Police pursuits or Skye’s Law
This major offence occurs when the driver of the vehicle knows police officers are pursuing the vehicle and require the driver to pull over, and the driver does not try to stop. The driver can be charged with this offence when the driver does not stop or drives recklessly, at a dangerous speed, or if they are endangering other people on or off the road.
This offence does not require a collision or harm caused; the charge is failing to stop when required to by the police.
The maximum penalty for failing to stop for the police is three years imprisonment for a first-time offence. Any additional offences will carry a sentence of five years imprisonment.
Failure to stop or offer assistance at an accident scene
The Crimes Act 1900 and the Road Transport Act 2013 specifies that failure to stop and assist after a car accident that caused injury or death is a major traffic offence.
Failing to Stop and Assist after an Accident Causing Death
The person is involved in an accident and the accident caused the death of another person, and the offender does not stop to assist at the scene. The driver fails to stop and help, although the driver knows that they have been involved in an accident that has caused death.
The maximum penalty under the Crimes Act 1900 is ten years imprisonment. The maximum penalty under the Road Transport Act 2013 is 30 penalty units or 18 months imprisonment.
Failing to Stop and Assist after an Accident Causing Grievous Bodily Harm
The person is involved in an accident and the accident caused grievous bodily harm to another person and the offender does not stop to assist at the scene. As a result, the person did not die but suffered grievous bodily harm.
The maximum penalty under the Crimes Act 1900 is seven years imprisonment. The maximum penalty for additional offences under the Road Transport Act 2013 is 50 penalty units or two years imprisonment.
It is an offence in New South Wales to use or attempt to use a vehicle while under the influence of alcohol or any drugs, and the offence of DUI is outlined in Section 112 of the Road Transport Act 2013.
Driving under the influence or a DUI differs from standard drink driving or PCA offences. DUI charges do not require police to prove that a person was affected by a specific amount of alcohol or drugs. The police have to only prove a person has been affected by some amount of alcohol or drugs. These charges are generally based on police observations about driving or the actions of behaviour or demeanour of a person rather than a breath test.
The maximum penalty for a person found guilty of DUI in NSW is a fine of up to 30 penalty units or 18 months imprisonment for a first offence. A second or subsequent offence will be fined 50 penalty units or up to two years imprisonment.
The categories of drink driving offences are complex, and it is advisable to use legal representation when charged under any of these categories:
It is also against the law to drive with any illegal drug in your system. A roadside drug test takes a saliva sample and this drug test can detect the presence of cannabis, ecstasy or MDMA, cocaine, and methamphetamine.
A driver driving while suspended or disqualified or driving without a licence commits a serious traffic offence with strict penalties. A driver can be sentenced to imprisonment if the driver continually ignores court orders or repeatedly commits the same offence. A traffic lawyer can assist with these charges and reduce the minimum or maximum penalties imposed for these offences.
Licence disqualification is set out in Part 7.4 Division 1 of the Road Transport Act 2012. An automatic disqualification applies in North South Wales for all serious traffic offences. The period of licence disqualification differs for each of the various different major traffic offences. The NSW court can increase or decrease the period of automatic licence disqualification.
Lyons Law can offer support on traffic law matters. Being charged with a serious traffic offence can be very stressful, and expert traffic lawyers will provide assistance and a solid defence strategy.
