Traffic Offence Lawyers

Onus and burden of proof

An offence of negligent driving is considered a strict liability offence. This means that it does not matter whether you intended to commit the crime or not. All that must be established is that you did commit the offence.

It is for the Prosecution to establish, beyond reasonable doubt, that you:

• Drove in a manner negligently. As stated above, negligence is defined as a failure to exercise proper care when driving a motor vehicle
• You were driving the vehicle on a road or road related area

In the event that there was any injury or death occasioned as a result of your driving, the Prosecution must further demonstrate, beyond reasonable doubt, that:

• In relation to any driving which occasions grievous bodily harm, it must be demonstrated that the harm was occasioned because of your driving
• In relation to any driving which occasions death, it must be demonstrated that the death was occasioned because of your driving

Factors taken into account

When assessing whether a driver has driven a vehicle in a manner negligently, section 117(3) of the Road Transport Act 2013 (NSW) (‘Road Transport Act’) requires that the Court take into consideration all the circumstances of the case, including the following –

• The nature, condition and use of the road on which the offence is alleged to have been committed
• The amount of traffic that actually is at the time, or which might reasonably be expected to be, on the road
• Any obstructions or hazards on the road

What are the penalties?

If you plead guilty or are found guilty of an offence of negligent driving, without having caused any injury or death to another person, the maximum penalty which may be imposed is a fine of $1,100.00.

In the event that the collision has resulted in the serious harm or death of another person, the penalties vary.

What is ‘grievous bodily harm’?

Per s 117(4) of the Road Transport Act, “Grievous bodily harm” is an injury which is considered to be serious. It typically involves an injury that is permanent or which causes serious disfigurement of a person.

What are the penalties?

If you plead guilty or are found guilty of an offence of negligent driving occasions grievous bodily harm, the maximum penalty which may be imposed against you is as follows:

• Imprisonment:
  • First offence: 9 months
  • Second or subsequent offence: 12 months
• Monetary penalty:
  • First offence: $2,200
  • Second or subsequent offence: $3,300
• Automatic disqualification:
  • First offence: 3 years
  • Second or subsequent offence: 5 years
• Minimum disqualification:
  • First offence: 12 months
  • Second or subsequent offence: 2 years

What are the penalties?

If you plead guilty or are found guilty of an offence of negligent driving occasioning death, the maximum penalty which may be imposed against you is as follows:

• Imprisonment:
  • First offence: 18 months
  • Second or subsequent offence: 2 years
• Monetary penalty:
  • First offence: $3,300 fine
  • Second or subsequent offence: $5,500
• Automatic disqualification:
  • First offence: 3 years
  • Second or subsequent offence: 5 years
• Minimum disqualification:
  • First offence: 12 months
  • Second or subsequent offence: 2 years

Defences

There are several possible defences to a charge of negligent driving. The availability of any defences set out below vary from case to case and are reliant, in part, to the circumstances surrounding the incident. Defences which may be available to you, are listed below:

• Necessity – You must raise, on the balance of probabilities, that their actions were reasonable and justified by the surrounding circumstances.
• Duress – This is a defence whereby the accused person has engaged in the conduct as a result of threats or coercion made against that person.
• Automatism – This is a legal defence available to an accused person where it is established that the actions of the driver were involuntary, and unwilled. Example: A defence of automatism may occur whereby a person suffers from an unexpected medical event like a stroke or a seizure.

Onus and burden of proof

An offence under this provision is considered a strict liability offence. This means that the Prosecution do not have to prove that you held an intention to drive dangerously. Nor do they have to demonstrate that you intended to cause serious injury or death of another person.

It is for the Prosecution to establish, beyond reasonable doubt, that you:

1. Drove a motor vehicle
2. The vehicle was involved in an impact
3. That caused death or grievous bodily harm to another person
4. You were driving dangerously at the time

What does it mean “to drive”?

The term “to drive” is defined in s 4(1) of the Road Transport Act 2013 (NSW). It includes “being in control of the steering, movement or propulsion of a vehicle”. The ability to steer the vehicle is not essential to satisfy this offence. It is sufficient to establish that you had control over the propulsion, that is, that you had control of the mode of moving and stopping the vehicle.

Even if the motor vehicle was not being driven dangerously at the precise moment of impact, a preceding period of driving in a dangerous manner may be sufficient to demonstrate the nature of your driving behaviours.

What is considered and assessed by the Court?

Section 52A(5) of the Crimes Act, sets out circumstances in which a vehicle is said to have been “involved” in an impact occasioning death or grievous bodily harm, as follows:

• A vehicle overturning or leaving a road while the person is being conveyed in or on that vehicle (whether as a passenger or otherwise)
• An impact between any object and the vehicle while the person is being conveyed in or on that vehicle (whether as a passenger or otherwise)
• An impact between the person and the vehicle
• The impact of the vehicle with another vehicle or an object in, on or near which the person is at the time of the impact
• An impact with anything on, or attached to, the vehicle
• An impact with anything that is in motion through falling from the vehicle
• The person falling from the vehicle, or being thrown or ejected from the vehicle, while being conveyed in or on the vehicle (whether as a passenger or otherwise)
• An impact between an object (including the ground) and the person, as a consequence of the person (or any part of the person) being or protruding outside the vehicle, while the person is being conveyed in or on the vehicle (whether as a passenger or otherwise)

Causing death or grievous bodily harm

Death

There are generally no issues with proving death, although there might be a question of causation where the person does not perish immediately or soon after the accident.

Grievous bodily harm

“Grievous bodily harm” is “really serious bodily injury”: Swan v R [2016] NSWCCA 79 at [57]. The word “really” indicates “grievous bodily harm” is a more serious form of injury than actual bodily harm: Swan at [57]-[62].

Driving dangerously

Section 52A(1) and (3) of the Crimes Act set out different ways a person could be found guilty of dangerous driving:

Under the influence of alcohol or another drug

You may be charged with this offence if you are found to be “under the influence” alcohol or drugs after a serious road accident. The term “under the influence” is not specifically defined in the legislation, but it is clear that the term is not associated with a specific concentration of alcohol or another drug in a person’s body.

It is considered dangerous to drive a vehicle under the influence of drugs and/or alcohol. This is because when you are in such a state you won’t have the required concentration and physical control of the vehicle and, therefore, you have seriously disregarded other’s peoples safety by choosing to get behind the wheel.

At a speed dangerous

A person can also be driving dangerously if their speed is considered excessive.

This does not mean that if you are exceeding the speed limit you are automatically considered to be driving at a speed dangerous. What is essential in this assessment is the actual circumstances of the driving. What may be considered “safe” will vary on the conditions of the road, visibility, traffic conditions, pedestrian activity, and the mental and physical condition of the driver.

In a manner dangerous

This often captures a very wide range of driving behaviour. It captures anything connected with the management and control of your vehicle.

When assessing whether a person was driving in a manner dangerous, an objective test is applied based on the expected standard of care of other drivers and the potential danger other people have been put in by your actions while driving.

Driving in a manner dangerous can be due to negligence by you or due to a deliberate disregard for the Road Rules and the safety of others.

What are the circumstances of aggravation?

The term circumstances of aggravation is defined in s 52A(7) to include any circumstance at the time of impact occasioning death or grievous bodily harm in which –

• The prescribed concentration of alcohol, that being a reading of 0.15 or above, was present in your breath or blood
• You were driving the vehicle concerned on a road at a speed that exceeded, by more than 45 kilometres per hour, the speed limit (if any) applicable to the length of that road
• You were driving the vehicle to escape a pursuit by a police officer
• Your ability to drive was very substantially impaired by the fact that you were under the influence of a drug (other than intoxicating liquor) or a combination of drugs (whether or not intoxicating liquor was part of that combination)

Defences available

Section 52A(8) of the Act sets out the statutory defences, as follows:

• The fact that the person charged was under the influence of intoxicating liquor or of a drug or a combination of drugs
• To the speed at which the vehicle was driven
• To the manner in which the vehicle was driven

Causation

It can be a defence to a dangerous driving charge to show that there is no connection between a person’s dangerous driving and the death or serious injury of another person or people.

The defendant has the onus of proving that the harm occasioned was not in any way attributable to the manner of driving, speed and/or state of intoxication. Essentially, it must be demonstrated that the death or injury would have occurred regardless of the manner of their driving.

Mechanical defect

A mechanical defect in a vehicle could possibly provide a defence to dangerous driving where it causes a sudden, unexpected loss of control that the driver cannot reasonably rectify. However, if a person knew about this mechanical defect, or should have known about the defect, they may still be found guilty of dangerous driving. This is because choosing to drive when something is seriously wrong with your vehicle represents a great failure to consider the safety or other drivers and pedestrians.

Licence Suspension Appeals for
Speeding Offences in NSW

Have you lost your licence for a recent speeding fine? Do you urgently require your licence to get back on with your daily life?

At Tempus Law, we understand that losing your licence can have serious consequences for your employment, family, and your independence. Our team at Tempus Law is committed to helping clients protect their licence.

If your driver’s licence has been suspended, you may have the option to challenge the suspension in the Local Court. The appeal process gives you the opportunity to explain your circumstances and ask the court to review the decision made by Transport for NSW or by a NSW Police officer.

The court will assess your case based on your driving history, the nature of the offence, and any evidence of hardship you provide before deciding the outcome.

When can I appeal?

You are able to appeal against a licence suspension if you have been suspended:

• For driving at a speed of more than 30km/h over the prescribed limit
• For driving at a speed of more than 45km/h over the prescribed limit
• For having too many demerit points (if you are a provisional or learner driver)
• For driving with an illicit substance present in your blood, oral fluid, or urine
• For driving with a low, special or novice range prescribed concentration of alcohol

How do I appeal?

Police suspension

You are required to file your appeal within 28 days of the date that the police suspended your licence.

Transport for NSW

You must file your appeal before the licence suspension commences.

In order to file your appeal, you will need to lodge an application at your Local Court Registry.

In most circumstances, you will be able to continue driving until your appeal is heard. Be sure to speak with an experienced lawyer before you commence driving.

What the Court can decide

The Court has three options in dealing with your appeal:

• 1. Allow the appeal – Your suspension is lifted, and you retain your licence.
• 2. Vary the suspension – Your suspension period is reduced.
• 3. Dismiss the appeal – The original suspension remains, and you must serve it in full.

Challenging a licence suspension successfully requires a thorough understanding of NSW traffic legislation and court procedure.

At Tempus Law, our experienced traffic lawyer appears regularly in Local Courts across NSW, representing clients who wish to appeal against licence suspensions. We can:

• Assess your eligibility to appeal and the strength of your case,
• Prepare submissions, evidence, and character references to support your appeal,
• Advocate on your behalf in court to present your case clearly and persuasively.

Driving whilst suspended

Being charged with driving while your licence is suspended can have serious consequences.

At Tempus Law, we understand that losing your licence can have a lasting impact on your work, your family, and daily life. Our experienced traffic lawyer regularly assists clients across NSW to minimise penalties, protect their licence, and achieve the best possible outcome.

Onus and burden of proof

It is for the Prosecution to establish, beyond reasonable doubt, that you:

• Drove a motor vehicle
• On a road or road related area
• Your licence was suspended

There are a number of reasons why your licence might have been suspended. Common examples include:

• A suspension imposed by Transport for NSW for exceeding the allocated demerit point limit
• An immediate suspension imposed by a NSW Police Officer
• Non-payment of fines

What are the penalties?

If you plead guilty or are found guilty of an offence of driving while suspended, the maximum penalty which may be imposed against you is as follows:

• Imprisonment
  • First offence: 6 months
  • Second or subsequent offence: 12 months
• Monetary penalty:
  • First offence: $3,300
  • Second or subsequent offence: $5,500
• Automatic licence disqualification:
  • First offence: 6 months
  • Second or subsequent offence: 12 months
• Minimum licence disqualification:
  • First offence: 3 months
  • Second or subsequent offence: 6 months

When can I drive again?

After your suspension or disqualification period is served, you will be required to attend your local Service NSW to re-apply for your licence. Once your licence is re-issued, you will be permitted to drive.

Why Choose Tempus Law?

Our traffic lawyer is highly experienced in negotiating with Police and Prosecutors, guiding clients through complex Transport for NSW and court processes, and reducing or avoiding disqualification periods.

We provide personalised advice, support, and strong advocacy to protect your licence, livelihood, and freedom. If you have been charged with an offence of driving while suspended, call Tempus Law for expert legal advice. We’ll help you understand your options, prepare your defence, and strive for the best possible outcome in Court.

Contact us now for a confidential consultation.

Driving whilst disqualified

It is an offence under s 54 of the Road Transport Act 2013 (NSW) to drive a motor vehicle after your licence has been disqualified. A licence disqualification is imposed by a Court after you have plead guilty and have been sentenced for a serious traffic offence. Once the Court imposes a disqualification against you, your licence privileges are revoked, and you must not drive a motor vehicle on a public road for the period specified by the Court.

At Tempus Law, we understand the difficulties you may face without a licence. Our traffic lawyer has extensive experience in helping clients to retain their driving privileges (where possible) and reducing the disqualification period.

Onus and burden of proof

It is for the Prosecution to demonstrate, beyond reasonable doubt, that:

• You drove a motor vehicle
• On a road related area
• At a time where your licence was disqualified

What are the penalties?

If you plead guilty or are found guilty of an offence of driving while disqualified, the maximum penalty which may be imposed against you is as follows:

• Imprisonment
  • First offence: 6 months
  • Second or subsequent offence: 12 months
• Monetary penalty
  • First offence: $3,300
  • Second or subsequent offence: $5,500
• Automatic licence disqualification
  • First offence: 6 months
  • Second or subsequent offence: 12 months
• Minimum licence disqualification
  • First offence: 3 months
  • Second or subsequent offence: 6 months

Here at Tempus Law, we focus on helping our clients who are facing disqualifications to minimise or avoid a loss of licence, secure favourable outcomes, negotiate with the police, and protect your career, family and lifestyle.

HOON OFFENCES

“Hooning” is a colloquial term used to describe dangerous and reckless driving behaviour that is deliberate, anti-social, and which endangers the public. It includes things like reckless driving, street racing, burnouts, and/or police pursuits. These offences are criminalised under the Road Transport Act 2013 (NSW), the Crimes Act 1900 (NSW), and the Road Rules 2014 (NSW).

If you’ve been charged, it’s important to understand the penalties, vehicle sanctions, and legal options which are available to you. At Tempus Law, we guide clients through the process, helping to protect their licences, vehicle, and their future.

Burnouts

A “burnout” is the act of spinning the tyres in place to heat and smoke the tyres. There are varying degrees of burnouts. These burnouts can be exacerbated and can be considered more serious if:

• You operated the vehicle knowing that petrol, oil, diesel fuel or other inflammable liquid was placed on the surface of the road beneath at least one of the tyres
• You do, or omit to do, any other thing that prolongs, sustains, intensifies or increases the loss of traction
• You repeatedly do this
• You perform the act knowing that the action would disrupt the peace of the residents
• You facilitated others to take part in the burnout
• You filmed the act for the purpose of organising or promoting the participation of other persons in this activity

Aggravated burnouts do carry more severe penalties and are treated as such by the Court.

What are the penalties?

The penalties which you might face vary on the type of burnout it is alleged you have conducted.

High Speed Driving

Exceeding the prescribed speed limit is illegal. If you are found to have been exceeding the speed limit by more than 45 kph, the Police have the power to revoke your licence privileges, seize your vehicle and licence plates.

Police pursuits

If you are directed to stop by a NSW Police Officer, you must comply and stop your vehicle. It is a criminal offence to fail to stop against the directions of the Police.

Onus and burden of proof

It is for the Prosecution to establish, beyond reasonable doubt, that:

• You drove a vehicle
• You held reasonable grounds to suspect that police officers are in pursuit of you
• You do not stop the vehicle
• You then proceed to drive in a manner recklessly or at a speed or in a manner dangerously to others

What are the penalties?

There are very serious penalties associated with this type of offending.

• Imprisonment
  • First offence: 3 years
  • Second or subsequent offence: 5 years
• Monetary penalty
  • First offence: $5,500 fine
  • Second or subsequent offence: $5,500 fine
• Automatic licence disqualification
  • First offence: 3 years
  • Second or subsequent offence: 3 years
• Minimum licence disqualification
  • First offence: 12 months
  • Second or subsequent offence: 12 months

Seizure of vehicles and number plates

If you are caught committing one of the above offences, the Police have the ability, in some circumstances, to confiscate your number plates, impound your vehicle, and attach a number plate confiscation notice to your vehicle.

In the event that you have received a number plate confiscation notice, you will be unable to drive that car for 3 months.

If you have repeatedly engaged in this type of conduct, your vehicle could be forfeited to the State.

Why Early Legal Advice Matters

Hoon offences carry consequences that extend beyond the court room, such as:

• Licence loss affecting work and daily life
• Vehicle impoundment or forfeiture disrupting personal or professional commitments
• Criminal convictions that may impact employment, insurance, and future driving privileges

Early advice can help:

• Assess the strength of the evidence
• Present mitigating factors such as:
  • Employment reliance on driving
  • Remorse
  • First-time offender status
• Explore driver safety or intervention programs recognised by the Courts
• Negotiate outcomes with Prosecution or present a strong case in Court

At Tempus Law, our traffic law specialist can:

• Provide guidance on possible defences and mitigation strategies
• Represent clients in court to minimise licence loss and vehicle penalties
• Advice on early plea options and vehicle return applications
• Ensure you understand your rights and the potential impact of a conviction

Acting promptly increases the likelihood of a favourable outcome. Don’t wait until it’s too late – your licence, vehicle, and future may depend on early legal intervention.

• Expert knowledge of NSW traffic law and court procedures
• Assistance in preparing evidence and submissions
• Negotiation with Transport for NSW or police where appropriate
• Guidance on mitigating penalties and exploring Section 10 non-conviction options

Having professional representation can make the difference between successfully keeping your licence or serving a full suspension period.