Traffic Law

Anderson Boemi Lawyers can provide assistance with the following Traffic Law matters:

Drink Driving Offences
Serious Driving Offences – including dangerous driving, negligent driving, reckless driving or predatory driving.
Common Driving Offences – including unlicensed driving and driving whilst disqualified or suspended. Also including speeding penalties and licence suspension
Licence Appeals – including advice for going to Court.
Interlock Driving Program – For those with multiple DUI charges.
Penalties for Traffic Offences
Penalty Appeals

There are a range of penalties available to the courts for traffic offences. Whilst some penalties are mandatory, many have a range of discretionary punishments. We can advise you on the best possible strategy to adopt in attempting to reduce the penalty. Arrange to see our Criminal Lawyers today to discuss the best outcome for your case.

Penalties for Drink Driving

The penalties for drink driving vary depending on the nature and seriousness of the offence. Below we have provided a quick reference guide of the possible penalties the court might impose on you.

If you have been charged with drink driving or a related offence contact our office to discuss the options available to you and the process from the day you got ‘booked’ to the day you go to court.

1ST OFFENCE					2ND OFFENCE WITHIN 5 YRS
RANGE	MAX FINE	MAX PRISON	AUTO DISQ	MAX DISQ	MAX FINE	MAX PRISON	MIN DISQ	MAX DISQ
NOVICE (0.001-0.019)	$1,100	N/A	3 mths	6 mths	$2,200	N/A	6 mths	12 mths
SPECIAL (0.02-0.049)	$1,100	N/A	3 mths	6 mths	$2,200	N/A	6 mths	12 mths
LOW (0.05-0.079)	$1,100	N/A	3 mths	6 mths	$2,200	N/A	6 mths	12 mths
MID (0.08-0.149)	$2,200	9 mths	6 mths	12 mths	$3,300	12 mths	12 mths	3 yrs
HIGH (0.15+)	$3,300	18 mths	12 mths	3 yrs	$5,500	2 yrs	2 yrs	5 yrs

OTHER ALCOHOL RELATED OFFENCES
OFFENCE	MAX FINE	MAX PRISON	AUTO DISQ	MAX DISQ	MAX FINE	MAX PRISON	MIN DISQ	MAX DISQ
REFUSE BREATH TEST	$1,100	N/A	N/A	N/A	N/A	N/A	N/A	N/A
REFUSE BREATH ANALYSIS	$1,100	18 mths	12 mths	3 yrs	$5,500	2 yrs	2 yrs	5 yrs

Penalties for other driving offences

If you are caught driving illegally you may also lose demerit points and be fined.

The table below outlines the penalties you may incur if you are caught speeding:

	PROVISIONAL LICENCE		FULL LICENCE
Speed	Demerit Pts	Fine	Demerit Pts	Fine
<10	4	$105	1	$105
11-20	4	$243	3	$243
21-30	4	$417	4	$417
31-45	5	$799	5	$799
46+	6	$2154	6	$2154

These apply to light vehicles only, heavy vehicles incur a different range of penalties.

It is important to remember that additional penalties apply in school zones.

Learner and P1 Licence Holders will be suspended for any speeding offence and an automatic suspension applies for any person driving over 30km/h above speed limit.

Traffic Offenders Program

What is the Traffic Offenders Program?

The Traffic Offenders Program (TOP) is a course available to you if you have pleaded guilty to or if you have been found guilty of, a traffic offence.

There are a variety of locations which offer the program. Each location varies in times and length of the course, but generally the courses have between six to ten sessions of between 60 and 120 minutes each.

A full list is available at: www.lawlink.nsw.gov.au and this is updated regularly.

We will work with you to find the best course suited to your needs.

Attendance at any of these courses is available before you are sentenced. We will apply for your referral on your behalf to the Court. The magistrate will assess if you are eligible and suitable to attend (for instance if you have attended before you usually are not eligible to attend again). You will then have to sign a Program Participation Order.

Once the magistrate approves your referral, they will adjourn your matter for sentencing to after you have completed the nominated course. This is usually for a period of eight to ten weeks.

Each TOP session focuses on a different topic such as: Road Safety, Drinking/drug taking and driving, Ambulance, Police, Insurance perspectives, Alcohol and drug education, legal consequences and impact of traffic offences and maintaining vehicles safely.

Participation in the course can improve your chances of minimising the impact of the charges made against you as it shows a commitment to changing your attitude toward driving. We will recommend that you attend the course.

Contact our office to find out more information in relation to drink driving offences and the Traffic Offenders Course.