Traffic Law Experts

A client was on a good behaviour licence after previously accumulating too many demerit points. This meant they had only two demerit points available for 12 months and if they exceeded this, they would lose their licence for double the original suspension period (6 months instead of 3 months).

While driving, they received a call from their spouse advising that their child had been taken to hospital. In the urgency of the moment, they grabbed the phone while driving. They were caught and issued an infringement for mobile phone use, which carries five demerit points.

If they had simply paid the fine, they would have automatically breached their good behaviour licence and received a 6 month suspension with no right of appeal.

Instead, they elected to take the matter to court and pleaded guilty. Given the extenuating circumstances, the court granted no conviction. Because no conviction was recorded, no demerit points were applied, the good behaviour licence remained intact, and they kept their licence.

Key insight: Paying a fine can lock you into consequences that cannot be reversed. On a good behaviour licence, a single mobile phone offence can result in a 6 month suspension, unless you understand your options before you pay.

A client on a full licence was caught travelling 30km/h over the speed limit. They received an infringement notice and, wanting to avoid losing their licence for 3 months, elected to take the matter to court after doing some online research.

This decision created a serious problem. By electing court, if they did not receive no conviction (Section 10), they would be disqualified, not suspended, for 3 months. The court has no discretion to reduce this period. It’s either no conviction with no disqualification, or conviction with a mandatory 3 month disqualification.

The better strategy would have been to pay the fine, wait for Transport NSW to issue a 3 month suspension notice, and then appeal that suspension. On appeal, the court has far greater flexibility to reduce the suspension period to 2 months, 1 month, two weeks, or even less depending on the circumstances.

By the time they sought legal advice, they had already locked themselves into the less favourable pathway.

Key insight: For excessive speed offences (30km/h+ over), the decision to pay or elect to go to court has significant legal consequences that most people don’t understand. Get legal advice before ticking any boxes on your infringement notice.

A client was on a good behaviour licence after previously accumulating too many demerit points. This meant they had only two demerit points available for 12 months and if they exceeded this, they would lose their licence for double the original suspension period (6 months instead of 3 months).

While driving, they received a call from their spouse advising that their child had been taken to hospital. In the urgency of the moment, they grabbed the phone while driving. They were caught and issued an infringement for mobile phone use, which carries five demerit points.

If they had simply paid the fine, they would have automatically breached their good behaviour licence and received a 6 month suspension with no right of appeal.

Instead, they elected to take the matter to court and pleaded guilty. Given the extenuating circumstances, the court granted no conviction. Because no conviction was recorded, no demerit points were applied, the good behaviour licence remained intact, and they kept their licence.

Key insight: Paying a fine can lock you into consequences that cannot be reversed. On a good behaviour licence, a single mobile phone offence can result in a 6 month suspension, unless you understand your options before you pay.

A client on a full licence was caught travelling 30km/h over the speed limit. They received an infringement notice and, wanting to avoid losing their licence for 3 months, elected to take the matter to court after doing some online research.

This decision created a serious problem. By electing court, if they did not receive no conviction (Section 10), they would be disqualified, not suspended, for 3 months. The court has no discretion to reduce this period. It’s either no conviction with no disqualification, or conviction with a mandatory 3 month disqualification.

The better strategy would have been to pay the fine, wait for Transport NSW to issue a 3 month suspension notice, and then appeal that suspension. On appeal, the court has far greater flexibility to reduce the suspension period to 2 months, 1 month, two weeks, or even less depending on the circumstances.

By the time they sought legal advice, they had already locked themselves into the less favourable pathway.

Key insight: For excessive speed offences (30km/h+ over), the decision to pay or elect to go to court has significant legal consequences that most people don’t understand. Get legal advice before ticking any boxes on your infringement notice.

A client was on a good behaviour licence after previously accumulating too many demerit points. This meant they had only two demerit points available for 12 months and if they exceeded this, they would lose their licence for double the original suspension period (6 months instead of 3 months).

While driving, they received a call from their spouse advising that their child had been taken to hospital. In the urgency of the moment, they grabbed the phone while driving. They were caught and issued an infringement for mobile phone use, which carries five demerit points.

If they had simply paid the fine, they would have automatically breached their good behaviour licence and received a 6 month suspension with no right of appeal.

Instead, they elected to take the matter to court and pleaded guilty. Given the extenuating circumstances, the court granted no conviction. Because no conviction was recorded, no demerit points were applied, the good behaviour licence remained intact, and they kept their licence.

Key insight: Paying a fine can lock you into consequences that cannot be reversed. On a good behaviour licence, a single mobile phone offence can result in a 6 month suspension, unless you understand your options before you pay.

A client on a full licence was caught travelling 30km/h over the speed limit. They received an infringement notice and, wanting to avoid losing their licence for 3 months, elected to take the matter to court after doing some online research.

This decision created a serious problem. By electing court, if they did not receive no conviction (Section 10), they would be disqualified, not suspended, for 3 months. The court has no discretion to reduce this period. It’s either no conviction with no disqualification, or conviction with a mandatory 3 month disqualification.

The better strategy would have been to pay the fine, wait for Transport NSW to issue a 3 month suspension notice, and then appeal that suspension. On appeal, the court has far greater flexibility to reduce the suspension period to 2 months, 1 month, two weeks, or even less depending on the circumstances.

By the time they sought legal advice, they had already locked themselves into the less favourable pathway.

Key insight: For excessive speed offences (30km/h+ over), the decision to pay or elect to go to court has significant legal consequences that most people don’t understand. Get legal advice before ticking any boxes on your infringement notice.

A client was on a good behaviour licence after previously accumulating too many demerit points. This meant they had only two demerit points available for 12 months and if they exceeded this, they would lose their licence for double the original suspension period (6 months instead of 3 months).

While driving, they received a call from their spouse advising that their child had been taken to hospital. In the urgency of the moment, they grabbed the phone while driving. They were caught and issued an infringement for mobile phone use, which carries five demerit points.

If they had simply paid the fine, they would have automatically breached their good behaviour licence and received a 6 month suspension with no right of appeal.

Instead, they elected to take the matter to court and pleaded guilty. Given the extenuating circumstances, the court granted no conviction. Because no conviction was recorded, no demerit points were applied, the good behaviour licence remained intact, and they kept their licence.

Key insight: Paying a fine can lock you into consequences that cannot be reversed. On a good behaviour licence, a single mobile phone offence can result in a 6 month suspension, unless you understand your options before you pay.

A client on a full licence was caught travelling 30km/h over the speed limit. They received an infringement notice and, wanting to avoid losing their licence for 3 months, elected to take the matter to court after doing some online research.

This decision created a serious problem. By electing court, if they did not receive no conviction (Section 10), they would be disqualified, not suspended, for 3 months. The court has no discretion to reduce this period. It’s either no conviction with no disqualification, or conviction with a mandatory 3 month disqualification.

The better strategy would have been to pay the fine, wait for Transport NSW to issue a 3 month suspension notice, and then appeal that suspension. On appeal, the court has far greater flexibility to reduce the suspension period to 2 months, 1 month, two weeks, or even less depending on the circumstances.

By the time they sought legal advice, they had already locked themselves into the less favourable pathway.

Key insight: For excessive speed offences (30km/h+ over), the decision to pay or elect to go to court has significant legal consequences that most people don’t understand. Get legal advice before ticking any boxes on your infringement notice.