• Demerit points are issued when you commit traffic offences. The number of demerit points issued will depend on the seriousness of the traffic offence.
• When you receive a Traffic Infringement Notice (TIN) it will tell you the number of demerit points that you have accrued. 
• Even if you go to court you may still accrue demerit points. 
• You are allowed to accrue a certain number before your license is suspended. Once you reach this number Roads and Maritime Services (RMS) will automatically suspend your licence.
• In New South Wales the limits are:

1. Unrestricted licence – 13 points;
2. Provisional P2 licence – 7 points;
3. Provisional P1 licence – 4 points; and
4. Learner licence – 4 points.

• Read the Traffic Infringement Notice (TIN) carefully. There will be instructions about what you need to do if you wish to nominate another driver.
• You must complete the statutory declaration (sworn statement) nominating another person as the driver responsible for the infringement.
• This statement is now generally made online.
• You may also need to provide supporting documentary evidence. If this is required Roads and Maritime Services (RMS) will contact you first.

• Hoon laws relate to driving that police class as dangerous and anti-social.
• Hoon driving includes:

1. street or drag racing;
2. committing an aggravated burnout which means the burnout is performed with petrol or other inflammable liquid on the road surface;
3. engaging in a police pursuit; and
4. speeding by more than 45 kilometres above the speed limit.

• A driver found committing a hoon offence in their own vehicle may face the following sanctions:

1. immediate suspension of their driver’s licence;
2. loss of their licence plates for three months;
3. impoundment of their vehicle for three months; or
4. being required to produce their vehicle at a specified place within 10 days.

1. If you have been charged then you should have been provided with documents telling you exactly what you have been charged with and when you need to go to court. 
2. If you have not received any paperwork then you can call the police station and ask for a copy of the court documents.
3. New South Wales court listing information is also available online at; New South Wales court listing information is also available online at http://www.localcourt.justice.nsw.gov.au/Pages/court_lists.html,c=y.aspx. 

• If you are on bail you must attend court as required. If you do not your bail may be revoked (cancelled) and a warrant may be issued for your arrest.
• If you are not on bail you should still attend court as required. If you do not the court may deal with the matter in your absence which means you will not get an opportunity to tell your side of the story.
• In some circumstances you can apply to the court for an adjournment (postponement of the hearing date). We can do this for you. You will need to show the court you have a good reason for the adjournment.
• Courts are an important public resource. The court will not adjourn your hearing just because it does not suit or you have to work.

• When you are charged you should be given a copy of the ‘Statement of Facts’. This is a summary of the police case against you. 
• The statement of facts will describe:

1. the offence you have been charged with;
2. when and where it allegedly occurred;
3. what your alleged role was in committing the offence;
4. whether anyone was allegedly hurt or injured as a consequence of the offence; 
5. whether anyone else was allegedly involved in the offence and if they have been charged;
6. if you have made any alleged admissions; and
7. any other evidence such as witness statements.

• If you plead not guilty you will receive a copy of the police brief of evidence. Usually you would not expect to receive a full brief in less than 6 weeks.
• A brief of evidence includes all the evidence the police are relying on to support the charges. This includes:

1. witness statements;
2. electronic recordings; and
3. breath analysis results where applicable. 

• It is useful to have a lawyer advise you on what is in the statement of facts and how it can affect you.

• When you first engage us we will take your instructions (your version of events) and provide you with advice about your situation including any realistic defence that may be available.
• After you have received the brief of evidence you will be given another opportunity to instruct us your side of the story and to comment on each piece of evidence in the brief. 
• Traffic and driving offences have the criminal standard of proof. This means the police or prosecution needs to prove the case beyond reasonable doubt. You do not have to prove anything.

• When you first engage us we will take your instructions (your version of events) and provide you with advice about your situation including any realistic defence that may be available.
• After you have received the brief of evidence you will be given another opportunity to instruct us your side of the story and to comment on each piece of evidence in the brief. 
• Traffic and driving offences have the criminal standard of proof. This means the police or prosecution needs to prove the case beyond reasonable doubt. You do not have to prove anything.

• For all driving and traffic offences the police need to prove their case beyond reasonable doubt.
• If you have been charged with a driving or traffic offence it can have serious consequences for your future. If you plead or are found guilty it may result in you having a criminal record.
• We can assist you to get the best outcome possible in your circumstances. 

• If you have an arguable defence your lawyer will give you advice and explain how to best deal with this during your case. 
• You lawyer may:

1. raise the issue with police as part of a negotiation; or
2. decide to call witnesses at a contested hearing (trial) to support your defence. 

• The police or prosecution must prove the case beyond a reasonable doubt whether or not you have a defence. You do not have to prove anything.

• At a contested hearing (trial) the court will hear all the evidence against you.
• Evidence can be:

1. given by witnesses in the witness box; and
2. tendered (given) as an exhibit to the court.

• The types of evidence that might be tendered as exhibits include:

1. photos;
2. electronic recording; and
3. breat or blood analysis where applicable 

• We will make submissions (arguments) to the court on your behalf.
• The court will then decide whether or not you are guilty of the offence charged.
• If you are convicted, the penalty that will be imposed will either be given on the day of the hearing or there may be a separate sentencing hearing on a later date.

• You should obtain any information you want the magistrate to read before the sentence hearing. This includes:

1. character references from people who know you well such as your employer or teacher;
2. letters from your doctor if you have been suffering from any medical condition; and
3. letters from your employer explaining why you may need your vehicle for work purposes (for example).

• If you are a “repeat offender” who may be facing imprisonment the court may order a pre-sentence report. This means someone from Community Corrections will interview you and advise the court whether you are suitable for a community based sentence. 
• In deciding on sentence (penalty) the court will take into account:

1. the factual circumstances of the traffic offence;
2. your personal circumstances including any references or letters;
3. your criminal and driving history;
4. the submissions made on your behalf by us; and
5. any recommendations made in a pre-sentence report. 

• The magistrate or judge will announce the sentence and give reasons for their decision. The sentences available for traffic offences include:

1. a fine;
2. loss or suspension of your driver’s licence;
3. impounding your vehicle ;
4. installation of an alcohol interlock device on your vehicle to test your breath each time you wish to start your vehicle;
5. a good behaviour bond;
6. a community based order including unpaid community work;
7. home detention;
8. periodic detention;
9. a suspended term of imprisonment; and
10. an immediate term of imprisonment.

• Many driving and traffic offences are categorised accordingly to whether they are your 1st, 2nd or 3rd (or subsequent) time committing the offence.
• The penalties and the chance of imprisonment increase each time the offence is committed. 

• An alcohol interlock device is an electronic breath test device fitted to your car’s ignition. You provide a breath analysis to start the ignition and at random intervals while you are driving. 
• If you fail the breath test then the car will be immobilised. 
• Participation in the program can reduce the length of a licence disqualification period.
• Failure to properly comply with the rules regarding interlock device can lead to further criminal charges.

• You can appeal the verdict and sentence of the Local Court magistrate to a judge of the District Court. 
• If you want to appeal you should be aware that:

1. there are strict timeframes for lodging an appeal; and
2. on appeal you could face a harsher penalty than the one you received in the Local Court.

Question

I got a ticket in the mail for speeding but I’ve heard those speed cameras can sometimes be inaccurate. I want to challenge the police evidence. Can I take the matter to court?

Answer

You can elect to go to court to have your case finalised. 

• If the matter is found proven the court will impose a penalty within the range specified by law. 
• You may also be liable for statutory charges and police costs.
• Without good evidence that the speed camera was in fact inaccurate you are unlikely to succeed in challenging the electronic evidence of the offence.

Question

I think I might have lost my licence from too many demerit points. I haven’t received any paperwork. How can I find out?

Answer

• The Roads and Maritime Services (RMS) maintains an up to date record of your license status. 
• This includes whether you have a valid driver’s license or if it has been cancelled or suspended. 
• Contact them first to find out if your licence has been suspended.
• If you have been to court you can also check your court papers or contact the court to find out whether your licence was suspended or disqualified and for how long.

Question

My daughter got a fine for speeding. She’s very upset and has asked me to find out where to pay the fine. How do we find out?

Answer

• This will depend on whether the fine was as a result of a Traffic Infringement Notice (TIN) or a court imposed penalty.
• Check the relevant paperwork as this will give you information about all your payment options including where and how to pay.
• Payment is now usually available to be made online.

Question

I have an outstanding traffic fine and I cannot afford to pay it all at once. Can I go on a payment plan and pay it off over time?

Answer

• If the fine is a result of a Traffic Infringement Notice (TIN) read the notice carefully. It will give you information about all your payment options including who to contact if you are having difficulty paying.
• In New South Wales there is an option for people who may have difficulty paying court fines. You will need to complete an application for 'Time to Pay a Court Fine'. 
• It is important that if you face any further difficulties in paying you contact the court again to avoid any additional penalties. 

Question

I really need my licence for work. My licence has been suspended because I have too many demerit points. Can I get a work licence?

Answer

• In New South Wales there is no such thing as a 'work licence'.
• If you are at risk of losing your licence you need for your work or to look after children or for another compelling reason, you should speak to us about your options to challenge your loss of licence.
• If your licence has been suspended because you have too many demerit points you will not be able to drive until the period of suspension expires.
• You will need to make other arrangements to get to work.
• If your employment required you to drive you should speak to your employer and explain the circumstances. You may lose your job as you can no longer perform your duties or your employer may be able to assign other duties to you for the period of suspension.

Question

I live with my elderly mother and I am her primary carer. If I lose my licence I won’t be able to care for her or take her to medical appointments. Do I have to lose my licence?

Answer

• This depends on what offence you have been charged with.
• Some traffic matters have mandatory minimum licence suspension or disqualification periods. This means the court does not have a choice about whether or not to suspend or disqualify your licence for a period of time.
• We can submit to the court on your behalf that the fact you need your licence to care for your mother is a reason for the magistrate to impose as short a period of suspension or disqualification as possible.

Question

I was at a work function and I was really careful about how many drinks I had before I drove. On the way home I went through a booze bus and blew .06. I thought I had been careful. Will this be taken into account by the court?

Answer

Yes it will be considered however you may still be convicted of a drink driving offence. 

• The fact that you did not mean to go over the limit is not relevant as drink driving is a “strict liability” offence. This means what you intended is not relevant to whether the offence was committed.
• Your belief as to how many drinks you had consumed can be part of your plea in mitigation. It may be argued that your efforts to monitor your drinks reflects a less serious example of this type of offence.

Question

I heard that if you refuse to take a breath test the penalty is not as bad as if you take the test and you blow over the limit. Can I just refuse to take the test?

Answer

• In New South Wales it is an offence to 
• refuse a breath test; or
• fail to provide a sufficient sample for breath analysis.
• The penalties for these offences are the same as for high range drink driving offences.
• If you are convicted of either of these offences you could face a term of imprisonment even for a first offence.

Question

I got a ticket for using my mobile phone while driving. I was just sending a short text while I was stopped at a red light. It was perfectly safe and I wasn’t actually driving at the time. Can I fight the charge?

Answer

• Using your phone while stopped at traffic lights is an offence. 
• If you need to use your mobile phone while driving you can do so legally if:

1. your vehicle is parked;
2. your phone is mounted to your vehicle and you do not need to touch it; or
3. you can operate your phone without touching the screen via bluetooth or voice recognition.