Traffic Law

When the unexpected happens, only the best will do

Helping you obtain the best result

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.

what we can help you with

We cover a range of services

Drink Driving

Drink Driving NSW Offences are considered "serious offences" in New South Wales with convictions attracting heavy fines, long periods of licence disqualification and possibly a gaol sentence. New South Wales has some of the toughest drink driving laws in the country. Further, upon conviction, there are mandatory licence disqualification periods that apply.

Any reforms that have been made to drink driving laws in New South Wales have always been directed at the severity of penalties and disqualification periods; that is, to increase them. Due to the prevalence of drink driving offences in the community, the law places a greater emphasis on punishment to try and deter the community from committing these offences.

Most drink driving charges are subject to the level of Prescribed Concentration of Alcohol (PCA); that is, offences categorised by different blood-alcohol limits. The higher the category of prescribed concentration of alcohol, the higher the mandatory disqualification periods and maximum penalties. It is common knowledge that police employ devices to determine a driver's blood alcohol content and whether they are over the legal limit and if so, to what extent. It is these readings that police rely on to determine a PCA offence, along with levels determined by blood samples, where relevant.

There are also other offences related to drink driving and PCA NSW offences; such as refusing or failing a breath analysis or attempting to alter one's blood alcohol content before a breath test or breath analysis. These offences can also carry mandatory disqualification periods and large fines.

Finally, police can charge someone with driving under the influence of alcohol (DUI) where it is believed that the person is or has been driving whilst under the influence of alcohol. Police do not need the assistance of any devices or a known blood alcohol content to prove a charge of DUI. Further, they do not require expert evidence as to whether or not someone is under the influence of alcohol. The Court can determine whether someone was driving under the influence based on evidence given by witnesses in the case, particularly police officers.

The overwhelming majority of those charged with drink driving offences plead "guilty". Our drink driving lawyers have represented thousands of drink driving clients and we have a reputation for obtaining outstanding results - in reducing penalties, in having charges withdrawn and in persuading the Courts to not impose convictions and disqualifications. We have also successfully defended clients charged with drink driving offences on numerous occasions. If there is a defence available, we will find it.

If you have been charged with a drink driving offence (PCA NSW or DUI) or related offences, we invite you to contact your nearest Prime Lawyers office.

We have drink driving lawyers in Sydney, Parramatta, Chatswood, Sutherland and Wollongong.    

Drug Driving

The two main Drug Driving NSW offences are driving under the influence of a prohibited drug and driving while there is present an illicit substance in oral fluid or blood. There are several less common yet related offences to the main offences. For all drug driving offences, a driver faces mandatory disqualification periods upon conviction for the offence.
 

Drive Under the Influence of a Prohibited Drug


This offence is the same offence that relates to driving under the influence of alcohol. As with the alcohol related offence, it is not necessary to obtain expert evidence to prove that the driver was driving under the influence of a prohibited drug. Notwithstanding that expert evidence is not required, it is more common for police to rely on expert evidence when charging someone with and prosecuting this offence. Without expert evidence, in most cases, proving the charge would be difficult. Of the drug driving offences, driving under the influence of a prohibited drug is the most serious.

Drive Whilst Present Illicit Drug in Oral Fluid or Blood

This offence is less serious than driving under the influence of a drug, as it is not necessary for police to prove that the person was affected in any way by the drug. All that is required is that a prohibited drug is detected in the person's oral fluid (usually by taking a sample at the roadside) or in their blood (often if a person is taken to hospital after an accident). The powers of police in these circumstances are similar to drink driving, where random "drug testing" is conducted on the roadside. Although less serious than driving under the influence of a drug, upon conviction, a driver still faces mandatory disqualification periods.

Due to the heavy penalties that result from a conviction for a Drug Driving NSW offence, it is important to seek expert legal advice if charged.  

If you have been charged with drug driving and require legal assistance, we invite you to contact your nearest Prime Lawyers office.

We have traffic lawyers in Parramatta, Sydney, Chatswood, Sutherland and Wollongong.    

Licence Appeals and Habitual Offender Declarations

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.

We have offices in Sydney, Parramatta, Chatswood, Sutherland and Wollongong.    

Menacing and Predatory Driving

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

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

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.    

Negligent, Reckless & Dangerous Driving

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 NSW

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.

Call us to speak with one of our Traffic Lawyers Sydney, Parramatta, Chatswood, Sutherland or Wollongong.    

Unlicensed Driving

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.

We have offices in Sydney, Parramatta, Chatswood, Sutherland and Wollongong.    

Which offices practise in Traffic Law

We cover a range of locations

Sydney Traffic Lawyers

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. 

Our Sydney Traffic Lawyers 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 one of our traffic law or drink driving lawyers in Sydney 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.

Traffic Lawyers Chatswood

Prime Lawyers Chatswood is located within the Zenith Building on the Pacific Highway, Chatswood. We provide a range of traffic law legal services to those living and working in and around Chatswood and the North Shore including drink driving, drug driving, drive whilst suspended & disqualified, licence appeals, negligent, reckless and dangerous driving and all other driving offences.

Park at either of the Secure or Wilson parking stations located at the end of McIntosh Street or arrive by train at Chatswood Station located 200 metres away from the Zenith. 

Prime Lawyers Chatswood is staffed by traffic law and drink driving lawyers based out of our Sydney CBD office so attendance is by appointment only. Make an appointment by getting in touch on 9521 2222 or by completing an enquiry online.  


Traffic Lawyers Parramatta

Our Traffic Lawyers Parramatta provide premium legal services to the people of Parramatta and Greater Western Sydney. Our Parramatta traffic offence lawyers provide a range of services in traffic law including drink driving, drug driving, drive whilst suspended & disqualified, licence appeals, negligent, reckless and dangerous driving and all other driving offences.

Traffic law offences are dealt with in the criminal jurisdiction of the Courts and therefore, when engaging a lawyer for a traffic offence, it is important to know that you are engaging someone who has a sound knowledge of the law and the required expertise of a criminal law advocate to be able to provide competent representation, particularly when defending a charge.

Our Parramatta traffic law team is headed by Jason Keane, Accredited Criminal Law Specialist who has years of experience representing clients for all types of traffic offences and has a comprehensive understanding of the complexities of traffic law. Our traffic lawyers all follow suit with specific expertise in the area of traffic law, successfully representing clients in Parramatta, Burwood, Fairfield and all Greater Western Sydney Courts. 

We are located in the heart of the legal precinct in George Street, Parramatta, directly across from the Sydney West Trial Courts, and approximately a minute's walk to the Parramatta Local Court. For those travelling by public transport we are a 10 minute walk from Parramatta train station (head up towards George Street through the mall), and we are also close to a number of parking stations if you are driving, including those accessible from Hunter Street and Erby Place.

We are open 8:30am-5:30pm Monday to Friday (excluding Public holidays) but as all conferences with our Traffic Lawyers Parramatta are by appointment only please get in touch with our office in Parramatta by calling on 9635 8100, dropping by and visiting Christina at the front desk or by submitting an enquiry online.   

  

Traffic Lawyers Sutherland Shire

Our traffic and drink driving lawyers at Prime Lawyers Sutherland service the great people of the Sutherland Shire and surrounds. We are located 200 metres west of the Sutherland Local Court and appear before the Court on an almost daily basis. We also appear at surrounding Courts, such as Bankstown Local Court, the Sydney District Court and many other Sydney Metro Courts.

Our Sutherland traffic lawyers provide a range of services in traffic law including representing clients for drink driving, drug driving, drive whilst suspended & disqualified, licence appeals and all other driving offences.   

We understand that traffic law is a complex arm of the criminal law and, unlike many others firms, Prime Lawyers Sutherland only employs traffic lawyers and criminal lawyers with specific expertise in, and who exclusively practise in criminal and traffic law.

Our Sutherland traffic law team is headed and overseen by Emmanuel Apokis, Accredited Specialist in Criminal Law. Emmanuel's years of practical experience and specialised knowledge of this complex area of the law have allowed the traffic law team to time and time again maximise clients' chances of obtaining excellent results in sentencing matters and importantly, successful outcomes in defended hearings. 

Conferences with our traffic lawyers are by appointment only but you can get in touch with one of our traffic and drink driving lawyers at Sutherland by calling 9521 2222, booking an appointment online or visiting Chelsa at our front desk 8:30am-5:30pm Monday to Friday excluding Public Holidays.

All of our staff have either lived or worked locally for a number of years and we take pride in ensuring the people of the Sutherland Shire receive the best possible legal advice. We look forward to assisting you with your matter.

Traffic Lawyers Wollongong

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. 

Happy Customers

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.

Natalie, Traffic Law Client

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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