Being charged with a driving offence in NSW can be a confronting experience. From minor traffic infringements to serious criminal charges, traffic-related offences are among the most common reasons people find themselves facing court in New South Wales. Whether you are dealing with a speeding fine, a drink driving allegation or a disqualified driving charge, understanding the nature of the offence, the potential penalties and your legal options is crucial to protecting your licence, your livelihood and your future.
At Golottas Solicitors, we represent clients across Sydney and Western Sydney in all types of driving offence matters. Our criminal law team understands how important your ability to drive is to your employment, family responsibilities and freedom. We provide practical, no-nonsense advice and strategic representation to help you get the best possible result in court.
In New South Wales, traffic offences fall into two broad categories. First, there are traffic infringements, such as speeding, running a red light or using a mobile phone while driving. These usually result in a fine and demerit points, but more serious or repeat offences can lead to licence suspension or court proceedings. Then there are criminal driving offences, which are prosecuted by police and dealt with in the Local Court. These include offences such as drink driving, drug driving, dangerous driving, and driving while disqualified.
One of the most common criminal driving offences in NSW is drink driving, officially known as PCA – Prescribed Concentration of Alcohol. This offence is divided into several categories based on the level of alcohol in your system. These include low-range, mid-range and high-range. Penalties vary depending on your reading and whether it is a first or repeat offence. A conviction for drink driving can result in fines, automatic licence disqualification, participation in the alcohol interlock program and even a custodial sentence for serious repeat offenders.
Drug driving is another major offence in NSW and includes both driving with illicit drugs in your system and driving under the influence of a drug. Random roadside drug tests can detect the presence of substances such as cannabis, MDMA and methamphetamine. Unlike alcohol offences, there is no ‘safe limit’ for drugs. If you test positive, you can be issued with a penalty notice or charged and ordered to appear in court. A conviction for drug driving may result in licence suspension, fines and a criminal record.
Other common charges include driving while suspended or disqualified, negligent driving, driving without a licence, and dangerous driving causing grievous bodily harm or death. Some of these offences carry maximum penalties of up to two years’ imprisonment and are considered very serious under NSW criminal law. A conviction for a major traffic offence may affect your employment, ability to hold a licence and even your immigration status if you are on a visa.
If you have been charged, it is important to know when to engage legal help. The table below outlines some of the most common driving offences, the relevant laws, potential penalties and when you should speak with a solicitor.
Common Driving Offences in NSW and When to Call a Solicitor
| Type of Offence | Relevant Legislation | Typical Penalty | When to Call a Solicitor |
| Low-Range Drink Driving | Road Transport Act 2013 (NSW) – Section 110(3) | Fine up to $2,200, licence disqualification, possible interlock order | If you want to seek a non-conviction outcome or minimise disqualification |
| Mid-Range Drink Driving | Road Transport Act 2013 (NSW) – Section 110(4) | Heavier fine, longer disqualification, mandatory interlock, potential jail time | Always – penalties are serious and legal representation is essential |
| High-Range Drink Driving | Road Transport Act 2013 (NSW) – Section 110(5) | Fine up to $3,300, long disqualification, mandatory interlock, up to 18 months jail | Always – this is a major offence and court outcomes vary widely based on your case |
| Drug Driving – Presence Detected | Road Transport Act 2013 (NSW) – Section 111(1) | Fine up to $2,200, licence disqualification | If you wish to challenge the result, seek leniency, or understand the testing procedures |
| Driving While Disqualified/Suspended | Road Transport Act 2013 (NSW) – Section 54(3) | Fine up to $3,300, jail up to 6 months (first offence) | If you want to argue necessity, dispute the charge, or reduce sentencing |
| Dangerous Driving Causing Injury | Crimes Act 1900 (NSW) – Section 52A | Maximum 7 years imprisonment, mandatory disqualification | Always – this is a serious criminal offence with long-term consequences |
| Negligent Driving | Road Transport Act 2013 (NSW) – Section 117 | Fine, possible disqualification, potential jail if causing injury | If injury is involved or you want to avoid a conviction |
| Licence Suspension Appeal | Road Transport (Driver Licensing) Regulation 2017 | Appeal in Local Court | If you need your licence for work, family, or health reasons |
One of the first things you should do if you are charged with a driving offence is to seek legal advice from a qualified traffic lawyer in NSW. Not all charges are straightforward. In some cases, there may be defences available such as honest and reasonable mistake, medical necessity or issues with the police procedure. In others, you may wish to plead guilty but argue for leniency based on your personal circumstances, lack of prior history or evidence of remorse.
At Golottas Solicitors, we assist clients from the early stages of their matter through to sentencing and appeals. We review the police facts, explain the likely outcome and represent you at court appearances including mention hearings, sentencing and defended hearings. In many cases, we can help you avoid a criminal conviction by arguing for a non-conviction order under section 10 of the Crimes (Sentencing Procedure) Act. This allows the court to find the offence proven but not record a conviction.
A common concern for clients is how a driving offence will impact their driver licence. Some offences carry automatic disqualification periods while others allow the magistrate discretion to reduce or even waive the disqualification. We can assist you in preparing strong submissions supported by references, medical reports, employment documentation and evidence of participation in traffic offender programs. We help you tell your story clearly and respectfully so the court understands the impact of losing your licence.
We also assist clients who wish to appeal a licence suspension imposed by Transport for NSW for exceeding demerit points or committing a speeding offence over 30 or 45 km/h above the limit. These appeals are time sensitive and must be lodged within 28 days of the suspension notice. We can advise you on your prospects of success and represent you at the appeal hearing to seek a reduction or cancellation of the suspension.
It is important to understand that being charged with a traffic offence is not the same as being found guilty. The prosecution must prove the offence beyond reasonable doubt. As experienced criminal defence lawyers, we test the evidence against you and explore all available legal options. If there are weaknesses in the prosecution case or breaches of your rights, we will raise them in court to seek a dismissal of the charge or reduction in penalties.
Every case is different. Some clients are first-time offenders with a clean driving record and a strong reason to seek leniency. Others are facing serious repeat offences or have complicated personal backgrounds. We take the time to understand your situation and provide personalised legal advice that is realistic and focused on minimising damage to your record and future.
In some circumstances, it may be possible to negotiate with police or the prosecution to amend the facts, downgrade the charge or withdraw the matter altogether. These negotiations require skill and experience. Our team has a proven track record of securing fair outcomes for clients in difficult positions.
We also understand that legal issues do not happen in isolation. A driving offence can affect your work, your mental health, your family and your financial stability. Our role is to guide you through the process with professionalism, empathy and practical advice. We communicate clearly; keep you informed and help you make decisions with confidence.
If you are worried about a court date or have received a court attendance notice for a driving offence in NSW, do not delay. Getting advice early can improve your chances of success and reduce the stress involved. Whether you intend to plead guilty or contest the charge, preparation is key.
At Golottas Solicitors, we provide trusted legal representation for clients facing traffic and criminal charges across Sydney and Greater Western Sydney. We regularly appear in Local Courts including Blacktown, Parramatta, Liverpool and Campbelltown. We are familiar with local procedures, court expectations and sentencing trends.
Conclusion
If you have been charged with a driving offence in NSW, it is not something to take lightly. Even minor offences can have lasting consequences if not handled properly. Understanding your legal rights and working with an experienced traffic lawyer gives you the best chance at a positive outcome. Whether you are dealing with a first-time drink driving charge, a licence appeal or a serious criminal traffic offence, the right legal strategy can make all the difference. At Golottas Solicitors, we are ready to stand with you in court, explain your options clearly and fight for the best result. Get in touch with our team today to arrange a confidential consultation.
