criminal law
New Driving Laws: Stricter Penalties for NSW Drivers
Table of Contents Australia and the NSW government in particular maintain strict rules with respect to road safety. Driving laws
SCB Legal
3 October, 2018
SCB LEGAL
Our lawyers have experience with licence and traffic offences including:
If you have been charged with a drink driving offence, you need to seek advice immediately. You have a window of time to prepare for sentencing. In that time there may be some steps you can take to help your case and reduce the consequences.
The level of alcohol you have in your system will determine what penalty you may receive. If you have been involved in an accident, this will increase the seriousness of the offence. Depending on your circumstances, we may be able to ask the Court to give you a Section 10.
In the lead up to your sentencing you should seek advice from a criminal lawyer to learn what the best course of action should be for you. We may recommend that you complete some intervention programs to show the Court you are remorseful and are taking responsibility for your actions.
For example, the Traffic Offenders Program is an educational program designed to reduce the occurrence of traffic offences such as drink and drug driving, speeding and other safety related offences. This program aims to provide the offender with the information and skills required to change their driving behaviour, attitude towards driving and help develop safer driving behaviour.
This may be one of the steps you can take to minimise the consequences of this charge. Our lawyers can give you a number of recommendations that are specific to your situation, particularly if you have prior convictions.
In New South Wales, the penalties for drink driving vary depending on how far over the legal limit the blood-alcohol reading was at the time of testing, and whether this is a first or subsequent offence.
Use the two tables below as a guide only and speak to our team to get advice about likely penalties and the avenues available based on your specific circumstances. The first table is specific to low, mid and high-range drink driving. The second table is specific to a DUI charge.
Low Range | Mid Range | High Range |
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| 1st offence | 2nd or subsequent offence | 1st offence | 2nd or subsequent offence | 1st offence | 2nd or subsequent offence | |
| Penalty notice fine | $581 | Not applicable | Not applicable | Not applicable | Not applicable | Not applicable |
| Immediate licence suspension | Yes | Yes | Yes | Yes | Yes | Yes |
| Maximum Court-imposed fine | $2200 | $3300 | $2200 | $3300 | $3300 | $5500 |
| Maximum prison term | Not applicable | Not applicable | 9 months | 12 months | 18 months | 2 years |
| Minimum - maximum disqualification | 3 - 6 months | 6 months - unlimited | 6 months - unlimited | 12 months - unlimited | 12 months - unlimited | 2 years - unlimited |
| Automatic disqualification | 6 months | 12 months | 12 months | 3 years | 3 years | 5 years |
| Other: | Police can issue immediate licence suspension. No charge on first offence unless you appeal unsuccessfully. | Police can issue immediate licence suspension. | Subject to an alcohol interlock program | Subject to an alcohol interlock program | Subject to an alcohol interlock program | Subject to an alcohol interlock program |
Note: Penalties accurate for New South Wales as at April 2022.
*BAC – Blood Alcohol Concentration – Level of alcohol in the system at time of driving a vehicle.
Source: https://www.nsw.gov.au/topics/demerits-penalties-and-offences/offences/alcohol-and-drug-offences/drink-and-drug-driving-penalties
Note: If you are issued an Alcohol Interlock Order or an Exemption – a program which includes the use of an electronic breath testing device – the disqualification period may be different to the time periods indicated above.
If affected by alcohol while driving, you may be charged with Driving Under the Influence (DUI).
| 1st offence | 2nd or subsequent offence | |
| Maximum prison term | 18 months | 2 years |
| Maximum Court-imposed fine | $3300 | $5500 |
| Minimum- maximum disqualification | 12 months - unlimited | 2 years - unlimited |
| Automatic disqualification (in the absence of a specific Court order) | 3 years | 5 years |
| Subject to an Alcohol Interlock Order | Yes | Yes |
Note: Penalties accurate for New South Wales as at April 2022.
Note: If you are issued an Alcohol Interlock Order or an Exemption – a program which includes the use of an electronic breath testing device – the disqualification period may be different to the time periods indicated above.
Source: https://www.nsw.gov.au/topics/demerits-penalties-and-offences/offences/alcohol-and-drug-offences/drink-and-drug-driving-penalties
Talk to our team to discuss your options.
Drug driving charges are issued to drivers who are found with any trace of cannabis, speed, ice, MDMA, ecstasy, cocaine or morphine in their saliva from roadside tests, or through subsequent blood or urine tests.
As with drink driving offences, if you were involved in an accident at the time drugs were traced in your system, this will increase the seriousness of the offence.
In New South Wales, the penalties for being found to have illegal drugs in your body while driving are detailed below. Use this table below as a guide only. Depending on your circumstances, we may be able to ask the Court to give you a Section 10.
| Cannabis, speed, ice, MDMA, ecstacy or cocaine | Morphine | Driving Under The Influence (affected by drugs while driving) |
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| 1st offence | 2nd or subsequent offence | 1st offence | 2nd or subsequent offence | 1st offence | 2nd or subsequent offence | |
| Penalty notice fine | $581 | Not applicable | Not applicable | Not applicable | Not applicable | Not applicable |
| Licence suspension* | 3 months | Not applicable | Not applicable | Not applicable | Not applicable | Not applicable |
| Maximum prison term | Not applicable | Not applicable | Not applicable | Not applicable | 18 months | 2 years |
| Maximum Court-imposed fine | $2200 | $3300 | $2200 | $3300 | $3300 | $5500 |
| Minimum- maximum disqualification | 3 - 6 months | 6 months - unlimited | 3 - 6 months | 6 months - unlimited | 12 months - unlimited | 2 years - unlimited |
| Automatic disqualification (in the absence of a specific Court order) | 6 months | 12 months | 6 months | 12 months | 3 years | 5 years |
Note: Penalties accurate for New South Wales as at April 2022.
Source: https://www.nsw.gov.au/topics/demerits-penalties-and-offences/offences/alcohol-and-drug-offences/drink-and-drug-driving-penalties
* Licence suspension for 1st offence refers to the suspension notice received if you have been dealt with by way of Penalty Notice.
Seeking early legal advice can better your sentence. Learn more by speaking to our team.
Speeding fines are issued by Police, mobile speed cameras or fixed speed cameras in New South Wales. If you have been issued a speeding penalty notice, you will be facing a fine, demerit points and possibly a licence suspension. If you are facing suspension, click here to learn more.
If you wish to dispute a speeding offence or request leniency by way of a reduced fine or Section 10, that may be achieved by requesting the speeding fine be reviewed. If you were not the driver of the vehicle at the time, you may be able to successfully defend the fine. You may also receive leniency if there were special circumstances that contributed to the offence that would not have occurred otherwise.
If you are facing a situation where the demerit points trigger a suspension, which may cause issues for employment, parenting or other caring arrangements, there are avenues available, even if you have admitted that you are guilty of the speeding offence. Sometimes the offence can be dismissed altogether.
The most effective path to a successful outcome is by speaking to a lawyer who assists people with traffic offences daily. Our team will work with you to identify the pathways that may be available to you.
Now is not the time to slow down. Now is the time to move and seek early advice.
Losing your licence can have significant impacts on your life and livelihood. We acknowledge this and have helped countless people appeal the suspension of their licence.
You may be allowed to keep your licence until the Court finalises the matter, however, if you have received an immediate licence suspension notice, you have only 28 days to lodge an appeal. If you were issued a suspension on the spot, the 28 days starts from the date of issue. If you are awaiting drug test results to learn if you are facing a suspension, ensure you monitor your postbox (or wherever your results are to be sent) as the 28 day period may commence without you being aware. You do not want to miss the window of time to have your lawyer be prepared and lodge the appeal.
Licence suspensions that have been successfully appealed are achieved with insights from expert legal advisors. How you approach an appeal will impact the outcome. Given the significant impact a licence suspension can cause, early advice is highly recommended.
If you have received multiple licence disqualifications, and are disqualified from holding a driver’s licence for many years, you can apply for a Disqualification Removal Order. To be eligible, you must not have committed any offences in the last 2-4 years prior to applying, however there are exceptions to this.
A Disqualification Removal Order will not be granted if you have been found guilty and convicted for any of the following offences:
Reach out to our traffic experts to find out if you are eligible.
Table of Contents Australia and the NSW government in particular maintain strict rules with respect to road safety. Driving laws
If facing a charge for driving while your licence is either suspended or disqualified, you will need to seek legal advice especially if this is a second or subsequent offence. There are defences for both charges that may be available when legal advice is sought early.
For possible penalties for driving while suspended or disqualified in New South Wales, see the table below.
The penalties will vary depending on whether you have had your licence cancelled or suspended for not paying a fine, if you have never held a drivers licence, if you have an expired licence, how long it has been expired as well as whether you were driving the class of vehicle you were licenced for at the time of suspension or disqualification. Use this table as a guide only and speak to our team to get advice about your circumstances, likely penalties and the avenues available to you.
| 1st offence | 2nd or subsequent offence | |
| Maximum Court-imposed fine | $3300 | $5500 |
| Maximum prison term | Not applicable | 6 months |
| Minimum disqualification | 1 month | 3 months |
| Default disqualification period | 3 months | 12 months |
Note: Penalties accurate for New South Wales as at April 2022.
Source: https://www.nsw.gov.au/topics/demerits-penalties-and-offences/offences/licence-and-registration-offences
Contact our team or visit our Sentencing page here.
Talk to our team to learn what you might be able to do to reduce the time or have it removed.
If you are facing a negligent or dangerous driving charge, that is considered to be an offence for driving without the attention and due care expected of a driver. This includes speeding, inattention while driving or non-compliance with road rules that results in an accident. To look specifically at reckless driving charges, click here.
In New South Wales, there are two key differences between negligent and dangerous driving offences.
A negligent driving offence involves a person disobeying the road rules and driving in a irresponsible manner that poses a risk to the public and other road users. A person who is engaging in negligent driving does not need to be speeding or under the influence of drugs or alcohol at the time of driving. There are different types of negligent driving offences which range from being at fault in a minor car accident where no-one is injured to causing injury or death to another person.
There are two types of dangerous driving offences. A person will have committed a dangerous driving offence when the manner of driving results in serious injury or death of another person because the driver of the motor vehicle is either speeding, driving under the influence of drugs or alcohol, or drives in a manner which endangers other road users and/or community members.
The possible penalties for NSW are listed in the table below.
The penalties for negligent or dangerous driving charges can be severe. They range from fines with demerit points, through to jail time.
| Negligent Driving | Negligent Driving resulting in GBH (Grievous Bodily Harm) | Negligent Driving resulting in Death | ||||
| 1st offence | 2nd or subsequent offence | 1st offence | 2nd or subsequent offence | 1st offence | 2nd or subsequent offence | |
| Penalty notice fine | $469 - $704 3 demerit points | Not applicable | Not applicable | Not applicable | Not applicable | Not applicable |
| Maximum Court-imposed fine | Not applicable | Not applicable | $2200 | $3300 | $3300 | $5500 |
| Maximum prison term | Not applicable | Not applicable | 9 months | 12 months | 18 months | 2 years |
| Minimum disqualification | Not applicable | Not applicable | 12 months | 2 years | 12 months | 2 years |
| Maximum disqualification period | Not applicable | Not applicable | Unlimited | Unlimited | Unlimited | Unlimited |
| Disqualification in the absence of a specific Court Order | Not applicable | Not applicable | 3 years | 5 years | 3 years | 5 years |
Note: Penalties accurate for New South Wales as at April 2022.
Source: https://www.nsw.gov.au/topics/demerits-penalties-and-offences/offences/serious-driving-offences#toc-what-is-a-serious-driving-offence
As with all criminal law matters, your history and the circumstances at the time of the event can impact the sentencing. If you are due to be sentenced for negligent or dangerous driving charges, do not delay in seeking legal advice early as it can impact the outcome of your sentencing hearing. For more information about sentencing, click here.
They are not always set in stone. Talk to our team to learn more about your circumstances.
There are two key differences between furious and reckless driving charges in New South Wales. The speed at which a person is travelling and the risk to other people whereas a reckless driving charge looks at the careless manner of driving as well as the risk to people and property.
A person may be charged with a furious driving offence if they drive in a manner or at a speed which endangers the public or other road users. For example, driving over the speed limit by 50km or swerving across lanes. A person may be charged with this offence even if no-one was present at the time.
A reckless driving offence involves driving in a way that creates a serious risk of physical injury to the public and other road users and/or significant damage to property. This offence involves a person consciously driving in a manner which has obvious risks of endangerment without having regard to the safety of others.
In New South Wales, the possible penalties for furious or reckless driving are listed in the table below.
| 1st offence | 2nd or subsequent offence | |
| Maximum Court-imposed fine | $2200 | $3300 |
| Maximum prison term | 9 months | 12 months |
| Minimum disqualification | 12 months | 2 years |
| Maximum disqualification period | Unlimited | Unlimited |
| Disqualification in the absence of a specific Court Order | 3 years | 5 years |
Note: Penalties accurate for New South Wales as at April 2022.
Source: https://www.nsw.gov.au/topics/demerits-penalties-and-offences/offences/serious-driving-offences
These penalties are a guide only and with the right legal advice there may be other sentencing outcomes possible for you. Reach out to our team to discuss your situation.
Don’t hesitate. Seek legal advice now.
