Traffic Lawyers and Solicitors in Sydney
Traffic law covers offences and penalties arising from driving and the use of roads in New South Wales. The main legislation is the Road Transport Act 2013 and the Road Rules 2014. Common matters include speeding and red light offences, mobile phone use, drink and drug driving, driving while suspended, disqualified or unlicensed, careless and dangerous driving, demerit point suspensions, and disputes about penalty notices and fines.
Penalty notices and court
Many traffic offences are dealt with by an on-the-spot penalty notice (a fine) from NSW Police or a camera, with demerit points recorded by Transport for NSW. A person who receives a penalty notice can usually pay it, apply to Revenue NSW for a review, or elect to have the matter decided by a court. More serious offences, and those where a licence disqualification is possible, are heard in the Local Court of New South Wales. The most serious driving offences, such as dangerous driving causing death, proceed in the District Court. Appeals go to the District Court or higher.
Licence consequences
Licence suspension or disqualification can follow from points accumulation or from a court conviction. In some circumstances a driver may be offered a good behaviour period instead of a points suspension, and some drink driving offences carry a mandatory alcohol interlock requirement. Rules differ for provisional licence holders. Transport for NSW and Service NSW publish current rules, which have changed several times.
Legal aid
Legal Aid NSW usually funds traffic matters only when a custodial sentence is a real possibility. A duty solicitor attends many Local Courts and can help on listing days. LawAccess NSW provides free information about fines, and Revenue NSW has hardship options, including the Work and Development Order for eligible people.
What to bring to a first meeting
- The penalty notice, court attendance notice or licence suspension letter
- Your driver licence and licence history
- Any photographs, dashcam footage or witness details
- Work or family circumstances that depend on driving
Checking credentials
A solicitor must hold a current practising certificate shown on the Law Society of NSW register, and barristers are listed by the NSW Bar Association.
Traffic lawyers on this page appear in courts serving the Sydney CBD, Parramatta and Western Sydney, the North Shore, the Eastern Suburbs, the Inner West, the South West, Sutherland, the Hills District and the Northern Beaches.
The listings below are alphabetical and are not ranked.
Common questions
What happens when demerit points reach the limit?
Transport for NSW sends a notice of suspension once the driver reaches the allowable points for their licence class, which is lower for provisional drivers. The driver may be given a choice between a suspension and a 12-month good behaviour period during which further offences carry a longer suspension. The rules are set by the Road Transport Act 2013 and its regulations.
Can a speeding fine be challenged?
A person can ask Revenue NSW to review a penalty notice or elect to have it heard in the Local Court. The court looks at whether the prosecution can prove the offence beyond reasonable doubt, such as that the device was properly operated and certified. A defendant risks a conviction and a higher penalty than the fine if found guilty.
What is a mid-range or high-range drink driving offence?
They are categories of prescribed concentration of alcohol offences under the Road Transport Act 2013, based on the reading. Mid-range and high-range offences are generally dealt with in the Local Court, carry longer minimum disqualification periods than low-range offences, and can lead to interlock requirements. Penalties depend on the reading and the driver's history.
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