The loss of a driver's licence can be much more than an inconvenience; it can have an impact on your employment, your social life, your relationship and your assets. Our Traffic Lawyers Sydney and NSW have extensive experience in representing people charged with all types of offences such as speeding, drink driving, dangerous driving and other serious traffic offences. Our Traffic Lawyers work from our head office in Sydney and several other convenient locations in NSW, servicing Courts throughout the Sydney Metro, Parramatta and Greater Western Sydney, Sutherland Shire, Wollongong and beyond. Our assessment of your case will help you determine whether to plead guilty or challenge the charge. If the former, we will appear before the Court and make careful submissions on penalty and often, argue that a conviction should not be recorded. If you wish to challenge the allegations, then our solicitors at Prime Traffic Lawyers Sydney will apply their knowledge of the law and years of practical experience to defend you. We can help you obtain the best result.
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Licence Suspension Appeals
The Roads and Maritime Services (RMS) has been given certain legislated powers that relate to placing sanctions on driver's licences. Most of the RMS decisions that relate to driver licensing can be appealed to the Local Court. These sorts of appeals are administrative appeals that previously could only be made to the Administrative Decisions Tribunal. When appealing an RMS decision to the Local Court, the appeal is made to the administrative jurisdiction of the Court, where the Court can only review the decision that is made or penalty imposed by the RMS.
The decisions that are appealed to the Local Court are decisions to suspend a driver's licence, under certain circumstances. These appeals are known as licence suspension appeals. Similarly, police have the power to suspend a driver's licence when certain offences are alleged to have been committed. Drivers are able to appeal all police licence suspensions, however, the matters that are to be taken into account by the Court are a little different to RMS appeals. There is a higher threshold to be met before the Court can review the suspension.
Habitual Offender Declarations
In addition to appealing licence suspensions, drivers are also able to make an Application to the Local Court to have an Habitual Offender Declaration quashed. An Habitual Offender Declaration is where a driver receives an automatic, additional 5 years' disqualification for committing 3 or more relevant (major) offences within a 5 year period. This means that in addition to any penalty that the Court might impose for the third offence, the driver will automatically receive a disqualification period of 5 years. This is often a severe penalty that can all but cripple the advancement of some people, given the importance of a driver's licence when trying to obtain employment.
Our traffic lawyers have years of experience successfully appealing to the Local Court to review a licence suspension or having an habitual offender declaration quashed. We understand the importance of retaining your driver's licence or having it reinstated sooner.
If you wish to make an application to the Local Court to appeal a licence suspension or to have an habitual offender declaration quashed, we invite you to contact your nearest Prime Lawyers office.
Menacing and predatory driving offences generally involve using a motor vehicle to cause another person to fear some harm. They are serious driving offences, with predatory driving being one of the most serious driving offence that can be committed.
Menacing driving involves causing another person to fear harm to their person or property. This offence is found in the Road Transport Act 2013. The available penalties are mandatory disqualification periods upon conviction and imprisonment. The elements of the offence are easier to prove than the elements to a predatory driving charge and are also less serious in nature.
Predatory driving also involves the use of a motor vehicle to cause fear of harm, however, the criminal intent involved is more serious, and the type of harm that is contemplated is specific. In short, it involves using a vehicle to cause or threaten an impact with another vehicle, with the intention to cause an occupant of the other vehicle actual bodily harm. This is a serious offence and is found in the Crimes Act 1900.
Being charged with any of these offences is a serious matter, particularly predatory driving. Sometimes, in the right circumstances, an experienced criminal lawyer can persuade police to reduce a charge of predatory driving to menacing driving. The difference can often mean escaping a gaol term.
If you have been charged with menacing or predatory driving and require legal assistance, we invite you to contact your nearest Prime Lawyers office.
We have offices at Sydney, Parramatta, Chatswood, Sutherland and Wollongong.
There are several driving offences that relate to the manner in which a vehicle is being driven. Some of the offences are directed at the manner of driving itself. Other, more serious offences, take into account the manner of driving and actual consequences that follow; such as injury to another.
The more serious driving offences carry lengthy disqualification periods and all offences, but negligent driving, attract a term of imprisonment as the maximum penalty. It is not unusual for someone to be sentenced to a term of imprisonment for the more serious offences.
Offences in this category include: negligent driving offences; reckless driving, furious driving or driving in a manner dangerous; police pursuit; causing injury by furious driving; and dangerous driving causing grievous bodily harm or death.
The less serious of these offences are dealt with to finalisation in the Local Court. Some of the offences can be dealt with in the Local Court or the District Court; however, dangerous driving causing death can only be finalised in the District Court and carries the highest maximum penalty. The most likely result on conviction for dangerous driving causing death is a full time gaol sentence.
The prosecution have 6 months from the date of the alleged offence to charge a driver with the less serious offences whereas there is no time limitation on bringing charges for the more serious driving offences. Sometimes, police will charge a driver with a less serious offence, such as negligent driving causing grievous bodily harm and later, charge them with the more serious version of the offence, being dangerous driving causing grievous bodily harm.
Experience in negotiating with the prosecution can be vital when charged with these offences, as it is possible to have the more serious charges "downgraded" to the less serious charges, which can result in avoiding a term of imprisonment. Our criminal and traffic lawyers are very experienced in dealing with these serious forms of driving offences, negotiating with prosecutors, defending charges and obtaining reduced penalties on sentence.
If you have been charged with negligent, reckless or dangerous driving and require legal assistance, we invite you to contact your nearest Prime Lawyers office.
We have offices in Sydney, Parramatta, Chatswood, Sutherland and Wollongong.
Speeding offences make up the majority of traffic infringements in NSW and as is well known, raise a large amount of state revenue. On an almost daily basis, most drivers will pass RMS fixed speed cameras, mobile speed cameras or police radars of some description. When it comes to speeding fines NSW drivers are always at risk, particularly with so many changes in speed limit zones or being caught out driving through road work zones with less than obvious signage, even when no road works have taken place in days or weeks.
All speeding infringements incur demerit points and an accumulation of demerit points beyond the demerit point threshold attracts licence suspensions. (Read further about appealing a NSW licence suspension).
It is important to obtain legal advice if you receive an infringement notice for speeding, especially if there is a chance that the accumulation of demerit points will result in a suspension. Often, drivers take action in relation to a speeding fine before seeking our advice, only to find that they have placed themselves at a disadvantage by not first seeking legal advice and not implementing the correct strategy to begin with.
The majority of drivers cannot afford to be without a licence, so understanding the available penalties for the most common speeding offences and the available options infringement can be important to allow a driver to determine how to proceed.
Our Speeding Fine Lawyers have a proper understanding of the subtle complexities of the law relating to speeding offences, the demerit points scheme, suspensions, the effect of suspensions, the available disqualification periods if the matter goes to Court and importantly, how to assist you in optimising your chances of keeping your licence or, at the very least, reducing the time you would otherwise spend off the road.
In addition to the usual, common speeding infringements, there are also the more serious speeding offences, such as exceeding the speed limit by more than 45km/h and driving at a speed dangerous to the public.
Where someone is pulled over by police for speeding and the police allege that a driver of another car was also involved, the police will often charge the driver (or both drivers) with a "street racing" offence. Although excessive speed is not a necessary element of the offence of "street racing", police will typically on speed as a factor when charging someone with the offence. This usually means that the person receives a fine for speeding as a "back up" to the street racing offence.
Our lawyers are not only experienced at successfully representing people on appeals against licence suspensions as a result of speeding offences; we also have the ability and know how to defend speeding and street racing charges. See an example of a successful defence against a street racing charge by one of our lawyers.
Suspension periods for some speeding offences range from 3 months to 6 months. The disqualification periods for driving at a speed dangerous and street racing are lengthy and the offences also carry terms of imprisonment as the maximum penalties. It is therefore advisable to speak to an experienced lawyer if facing a serious form of speeding offence.
For less speeding offences (particularly where the driver is not going to receive a suspension upon the payment of a fine) due to the legal fees involved and the fact that most of the time, there is the added expense of obtaining expert evidence to challenge a radar or speed camera, some drivers decide that the legal expenses incurred in defending the allegation and the risks associated with such outweigh the person's desire to challenge the offence. In those circumstances, some find that it is better to accept the penalty and then consider other avenues of relief.
For the more serious charges, it is almost always guaranteed that upon being found "guilty" for the offence, a lengthy disqualification period will follow. The importance of obtaining good legal representation when facing a serious charge cannot be overstated.
If you have been charged with NSW speeding fines or street racing and require legal assistance, we invite you to contact your nearest Prime Lawyers office.
For many people, the importance of holding a driver's licence cannot be overstated. Many rely on their driver's licence for employment purposes or to meet family commitments. Having a licence suspended or disqualified can have serious repercussions and for some, the consequences of not being able to drive places them at risk of further offending and driving when the law does not permit them to do so. If detected for unlicensed driving, they will then be facing the almost inevitable prospect of being charged with drive whilst suspended or drive whilst disqualified and face the strong likelihood of a lengthy disqualification period and in some circumstances, a term of imprisonment.
Drive Whilst Suspended
A suspension period can be imposed on a driver's licence by either the police or the Roads and Maritime Services (RMS). This is not a Court order but an administrative decision made by an authority (although some suspensions can be appealed to a Local Court for review). The driver's licence is not taken away, however, it is suspended for a period of time, depending on the circumstances giving rise to the suspension or the offence that has been committed. Examples are where someone is detected exceeding the speed limit by more than 30km/h or they have exceeded their allowable demerit point limit.
Drive Whilst Disqualified
A disqualification period is imposed on a person by a Court upon conviction for certain offences. Most serious offences attract mandatory disqualification periods upon conviction. Examples of offences that carry mandatory disqualification periods are drink driving offences and other forms of dangerous driving. When the Court disqualifies the driver, the licence is also cancelled and must be renewed at the expiration of the period of disqualification. The disqualification is an Order made by the Court in its criminal jurisdiction.
Drive whilst suspended and drive whilst disqualified are considered serious driving offences and expose the offending driver to criminal sanctions. Gaol terms are available penalties for both offences and it is important to seek expert legal advice from experienced traffic and criminal lawyers if charged with any of these offences. Despite the heavy penalties that can be and are often imposed, our lawyers have experience persuading Courts to not impose convictions (and therefore disqualification periods) for certain offenders. We have also successfully defended these types of charges, obtaining "not guilty" dismissal of the charge.
If you have been charged with an unlicensed driving NSW offence and require legal assistance, we invite you to contact your nearest Prime Lawyers office.
Our traffic lawyers at Prime Lawyers Sydney CBD service clients living or working in and around the city of Sydney metro and beyond.
We are walking distance from the Downing Centre Local Court, the District Court and Central Local Court and also appear in various other Courts in the Sydney Metro Area.
We provide a range of services in traffic law including for drink driving, drug driving, drive whilst suspended & disqualified, licence appeals, negligent, reckless and dangerous driving and all other driving offences.
Traffic offences are dealt with in the criminal jurisdiction of the Local and District Courts and therefore, when deciding on Court representation for a traffic offence, it is important to engage lawyers that have real, practical experience in the criminal law jurisdiction. This is particularly important when there may be an opportunity to defend the charge, rather than just pleading "guilty". Of course, a lawyer not properly familiar with the complexities of traffic law or the workings of the criminal jurisdiction may not be able to provide thorough advice on all available options.
Our traffic law team is therefore run by solicitors recognised by the Law Society of NSW as Criminal Law Accredited Specialists, with special expertise in the complex area of traffic law. We have assisted hundreds of clients obtain favourable sentences, including having licence disqualifications reduced or avoided and have also successfully defended many charged with traffic offences in Courts throughout NSW, achieving "not guilty" outcomes.
In addition to being located close to the Sydney CBD criminal and traffic law Courts, we are also conveniently located a short stroll east along Bathurst Street from Town Hall Station. If travelling by car the nearest parking station is the Secure parking station on the corner of Goulburn and Elizabeth Streets Sydney.
If you have been charged with a driving offence or a matter that falls within our traffic law practice area we can provide you with the best possible legal advice. Conferences are by appointment only so if you are in need of legal advice from traffic law team then get in touch between 8:30am-5:30pm Monday to Friday (excluding public holidays) by calling 9521 2222, completing an enquiry online or dropping by to make an appointment with Ashley at our front desk. We look forward to helping you.
Our traffic law and drink driving lawyers Wollongong service Wollongong & the Illawarra region.
Our Traffic Lawyers Wollongong provide a range of services in traffic law to those living and working in and around Wollongong including for drink driving, drug driving, drive whilst suspended & disqualified, licence appeals, negligent, reckless and dangerous driving and all other driving offences.
We have experience appearing throughout NSW, however, maintain their commitment to servicing the local community and mainly appear before Wollongong Local Court, Port Kembla Local Court, Albion Park and from time to time travel to Nowra and Goulburn.
Having lived and worked in Wollongong for some time, all our traffic law and drink driving lawyers Wollongong enjoy the advantage of having a familiarity with the local community, police station and importantly, the local Courts. Whether representing clients on sentence for a drink driving matter or defending clients for more serious traffic charges, the experience and local knowledge our traffic lawyers possess is vital to ensuring that our clients have the best chance of obtaining a favourable result in their traffic matter.
We are conveniently located on the ground floor 70 Market Street Wollongong, which is on the left as you head east along Market Street (from Keira Street) towards the 'Church on the Hill' and only walking distance from Wollongong Local Court.
Conferences with our Traffic Lawyers Wollongong are by appointment only, but you can get in touch by calling us on 4228 7722, booking an appointment online, or visiting Elise or Lee at the front desk 8:30am-5:30pm Monday to Friday excluding public holidays.
Thank you for representing my daughter. I would just like to take this opportunity to say that, under very difficult circumstances, the result was excellent. It was quite evident that you would need to be very skilful in your delivery of the case to get a good result from this belligerent Judge.
I felt that you read the Judge perfectly and handled the case with confidence & considerable finesse. I would highly recommend your services to anyone who needs legal representation.
Being charged with a traffic offence can be a daunting experience for most. Most clients come to our firm with the prospect of losing their licence or facing a criminal conviction and possibly imprisonment. We thoroughly prepare for every one of our cases; the particular facts and circumstances unique to each are analysed to first determine the strengths of a defence to the charge and where this is not possible, careful and meticulous submissions are made to the Court on sentence. It is only when this approach is taken to traffic matters that a client can be assured that we have done all we can to obtain the best result."Emmanuel Apokis - Managing Partner, Accredited Specialist
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