Reach out to us today for a free 30 minute consultation and let our experienced lawyers guide you through the intricacies and provide dedicated representation.
There are a large range of different traffic infringements and offences, including speeding and negligent driving. If you’ve been charged with a traffic infringement, it’s important to seek legal advice right away, as little decisions can have significant consequences.
At Morrisons, we understand how overwhelming these situations can be and are here to help you navigate the legal process, ensuring the best possible outcome in all situations..
Traffic infringements in NSW cover a wide range of offences, from speeding to negligent or unlicenced driving. These violations can lead to fines, loss of demerit points and licence suspensions. Court appearances and criminal charges can occur for more serious traffic offences.
Common traffic infringements in NSW include:
Penalties vary based on the offence and its severity, which can escalate with repeat violations or aggravating circumstances.
Reach out to us today for a free 30 minute consultation and let our experienced lawyers guide you through the intricacies and provide dedicated representation.
Speeding is the biggest contributor to deaths on NSW roads, amounting to around 41% of road fatalities and 24% of serious injuries each year.
In NSW, you can be caught speeding by fixed or mobile speed cameras, or by the NSW police. If you are caught speeding, it can result in fines and loss of demerit points.
Your demerit point limit depends on what type of licence you have:
| Unrestricted licence | 13 points |
| Professional drivers | 14 points |
| Provisional P2 licence | 7 points |
| Provisional P1 licence | 4 points |
| Learner licence | 4 points |
| Unrestricted licence during a good behaviour period (12 months) | 2 points |
If you lose all your demerit points within 3 years, your licence may be suspended or denied renewal.
For serious speeding offences, penalties can be more severe, including automatic licence suspensions and even having your vehicle impounded or number plates confiscated.
Reach out to us today for a free 30 minute consultation and let our experienced lawyers guide you through the intricacies and provide dedicated representation.
Negligent driving in NSW comes in varying degrees or seriousness. This can depend on whether any injury, or death, is occasioned to another person involved in the incident.
A person can be guilty of negligent driving if they did not drive in the manner that a reasonable prudent driver would have, taking into account all the circumstances. Such circumstances can include the nature of the road, weather and other traffic conditions.
Negligent Driving (without injury)
Negligent driving, that does not cause any injury, is often dealt with by way of an infringement notice, as opposed to a notice to attend Court. However, a person has the choice to elect to take that infringement to Court.
Penalties:
| Infringment | $481 |
| Demeirt Points | 3 |
| Maximum Penalty | $1,100 fine |
| Disqualification | nil (Court has general power to disqualify) |
Negligent Driving Occasioning Grievious Bodily Harm (GBH)
Negligent driving occasioning GBH, is where the negligent driving causes really serious injury to another person, or persons. This can include passengers in your vehicle, another vehicle or a pedestrian. This charge will be dealt with by way of a Court Attendance Notice.
Penalties:
| Demerit Points | Nil |
| Maximum Penalty | First offence: fine of $2,200 and/or imprisonment for 9 months |
| Second offence: fine of $3,300 and/or imprisonment for 12 months | |
| Disqualification | First offence:
|
Second offence:
|
Negligent Driving Occasioning Death
This offence occurs when careless driving causes a persons death. It’s the most serious form of negligent driving and carries heavy penalties.
Penalties:
| Demerit Points | Nil |
| Maximum Penalty | First offence: fine of $3,300 and/or imprisonment for 18 months |
| Second offence: fine of $5,500 and/or imprisonment for 2 years | |
| Disqualification | First offence:
|
Second offence:
|
Difference Between Dangerous and Negligent Driving
There is an important difference between Negligent and Dangerous Driving.
Negligent driving is where a person doesn’t drive in a manner that a reasonably prudent driver would have, taking into account all the circumstances.
Dangerous driving covers situations where a person is driving furiously, recklessly or at a speed or in a manner dangerous to the public. This is covers more serious conduct where there is a higher level of potential danger to members of the public.
Penalties for Traffic Infringements
There are a range of consequences for speeding offences and other traffic infringements. There are important decisions to be made about electing to take infringements to Court, paying fines or requesting reviews. These decisions can have big consequences and legal advice is critical before making any of these decisions.
Some Penalties for speeding in NSW:
Reach out to us today for a free 30 minute consultation and let our experienced lawyers guide you through the intricacies and provide dedicated representation.
If you are charged with speeding or negligent driving, it is important to seek legal advice to determine your options, including if you can defend the allegation.
The team at Morrisons are experts in traffic law and can advise you on any possible defences that may apply to your case. From disputing a speeding ticket to challenging a negligent driving charge, our experienced lawyers will provide you all your options and detailed advice.
If you’re facing speeding or negligent driving charges and are unsure of your next steps, our team at Morrisons is here to help. We’ll carefully examine the details of your case and assist you through every step of the process. Contact us today for a free initial consultation.
Reach out to us today for a free 30 minute consultation and let our experienced lawyers guide you through the intricacies and provide dedicated representation.
There is no immediate way to check if you’ve just been caught by a speed camera. However, you should look through the Revenue NSW website and lookout for an infringement notice in the mail.
Getting flashed by a speed camera doesn’t necessarily mean you’ll receive a ticket. Typically, it takes up to 28 days to receive a speeding ticket in NSW.
The cost of a speeding ticket depends on how much over the speed limit the driver was going. A speeding fine can be anywhere from $120 to up to $3,000.
No, an infringement is not deemed a criminal offence and will only show up on your traffic record once paid. However, if someone elects to have an infringement notice dealt with in Court, there can be different consequences.
In New South Wales, there is a difference between an infringement being on your record and it being taken into account.
A traffic infringement will stay on your record forever. However, such infringements can only be taken into account for a period of 3 years and 4 months when considering whether you have reached your demerit point threshold. This can be different for more serious offences, which will be taken into account for a period of 5 years.