Traffic law in NSW
Traffic lawyers in New South Wales
Our team includes former prosecutors, former highway patrol officers and qualified breath analysis operators. We have run these matters from the other side of the bar table, which is why we know where a traffic brief tends to fall apart.
If your licence was suspended at the roadside, you have 28 days
An appeal against an immediate police suspension must be filed in the Local Court within 28 days of the notice. Miss that date and the court has no power to hear it. If that is your situation, call before you do anything else, on 0407 171 626 or 0407 534 594.
Catron Simmons Lawyers act for drivers across New South Wales, from a first speeding ticket through to high range drink driving and dangerous driving charges in the District Court.
A traffic charge is rarely just a fine. It is your licence, and for a lot of people that means their job. We tell you quickly and plainly what you are facing, whether the charge can be defended or reduced, and what can realistically be done about the disqualification. Find your charge below, or call and we will point you to the right answer.
Start here
Find your charge
Each page below sets out the offence, the current penalties, the defences that actually run and what can be done about your licence.
Alcohol and drugs
Driving under the influence (DUI) →
Driving with an illicit substance →
Alcohol interlock orders →
Serious driving offences
Your licence
Transport for NSW licence appeals →
Removing a disqualification →
Licence offences and driving while disqualified →
Fines, cameras and demerit points
Step by step
I have a Court Attendance Notice. What now?
A Court Attendance Notice, or CAN, is the document that starts a criminal or traffic prosecution against you. There are three kinds and the difference matters.
Field CAN
Handed to you at the roadside or at the station. No bail conditions attached.
Future CAN
Served on you later, often weeks after the incident. No bail conditions attached.
Bail CAN
Issued while you are in custody, with bail conditions attached that you must comply with until the matter is finalised.
Check the date and the court
The notice states where and when you must appear. Do not miss it. If you cannot attend, a lawyer can appear for you, but the court must be told in advance.
Read the charge, not the summary
The section number tells you what you are actually facing. Two charges that sound alike can carry very different penalties, and police sometimes have a genuine choice about which to lay.
Get advice before you say anything
Anything you tell police becomes the case against you. So does anything you sign. Advice is cheapest and most useful at this point, before positions harden.
Deal with the licence separately
If police suspended you on the spot, the 28 day appeal clock is already running and it is independent of the charge itself.
Your court date
What to expect at court
On the day
Local Court lists usually start at 9:30am. Arrive early, find your courtroom on the list at the door, and give your name to the court officer so the magistrate knows you are present. Expect to wait. Matters are not called in the order printed. Court locations, sitting days and contact details are on the NSW Courts website.
Courtroom etiquette
- Switch your phone off, not to silent
- No eating, drinking or chewing gum in the courtroom
- Keep talking to a minimum, and step outside if you need to have a conversation
- Bow to the coat of arms above the magistrate as you enter and leave
- Stand when the magistrate enters or leaves, and when your matter is called
What to wear
Conservative and well presented. A collared shirt, and neat trousers or a skirt. Nothing with slogans or images, no hats, no sunglasses. It is a small thing that costs nothing and it signals that you are taking the matter seriously.
Will my matter finish on the first date?
Your first date is a mention. The court will ask for your plea. Asking for an adjournment to get legal advice is common and usually granted.
On a plea of guilty, most minor matters are finalised that day, although the court may order a report from Community Corrections to understand your background and the sentencing options available. On a plea of not guilty, the court will order the police brief to be served and list the matter again to confirm your plea, then set it down for hearing. On the hearing date the prosecution calls its witnesses, the evidence is heard, and the magistrate decides. If the matter is committed to the District Court, a date is set there for trial or sentence.
Worth knowing
Do I need a lawyer if I am pleading guilty?
This is the most common misunderstanding in traffic law. Pleading guilty is not the end of the matter, it is the beginning of the part that decides your penalty.
Are you charged with the right offence?
Charges are frequently laid at a higher level than the facts support. Reducing dangerous driving to negligent driving, or removing a circumstance of aggravation, changes the maximum penalty completely.
Does the fact sheet match what happened?
The court sentences on the facts you agree to. Speeds, distances and sequences of events are often overstated in the first draft, and once tendered they are very difficult to unwind.
Is the case for you actually being put?
A magistrate who hears only the police version and your record has nothing to work with. References, a letter of apology, the Traffic Offender Program and evidence of your circumstances are what move a sentence.
Written notice of pleading
You can plead guilty in writing without attending, and we usually advise against it. The magistrate has only the fact sheet and your record, and the penalty is typically heavier as a result.
If cost is the obstacle, Legal Aid NSW may be able to assist, and community legal centres offer free advice sessions without a means test. Getting advice from someone is always better than getting none.
Sentencing
What a court can order
Traffic matters are sentenced under the Crimes (Sentencing Procedure) Act 1999, the same as any other offence. The available orders, from least to most serious:
- Section 10(1)(a) dismissal. Guilty, but the charge is dismissed. No conviction, no penalty, no disqualification and no demerit points.
- Conditional Release Order without conviction. A good behaviour bond of up to two years with no conviction recorded.
- Conviction with no other penalty. Under section 10A a conviction is recorded, and any automatic disqualification follows, but no further penalty.
- Fine. Payable within 28 days, with time to pay available on application. Unpaid fines lead to an enforcement order and licence suspension.
- Conditional Release Order with conviction. A bond following a conviction, with conditions such as supervision or treatment.
- Community Correction Order. Up to three years, and may include community service, curfews or supervision.
- Intensive Correction Order. A sentence of imprisonment served in the community under strict supervision, including conditions such as home detention or electronic monitoring.
- Full time imprisonment. Available on the serious driving offences, and a real risk on repeat and injury matters.
A conviction is a formal record of guilt. It goes on your criminal record and can affect employment, professional registration and travel, particularly to the United States. Avoiding one is often worth more to a client than the size of the fine.
Why Catron Simmons
Why drivers choose us
We have been on the other side
Former prosecutors, former highway patrol officers and qualified breath analysis operators. We know how a traffic brief is built, which means we know where it is weakest.
40+ years’ combined experience
Hundreds of traffic matters in the Local Courts we regularly appear in, from first tickets to charges carrying real custody.
Charge negotiation, not just mitigation
Getting the charge right is worth more than any plea in mitigation. It is the first place we look, and it is the part most often skipped.
You deal with a principal
We are a boutique firm. You talk to the solicitor who will appear for you, not a call centre, and we are contactable outside business hours.
Common questions
Traffic charges in NSW: your questions answered
Can I get a work licence in NSW?
No. Despite what you may have been told, NSW has no work licence, restricted licence or hardship licence of any kind. If you are disqualified you cannot drive for any purpose, which is why the length of the disqualification is what matters most at sentence.
My licence was suspended by police. What can I do?
Appeal to the Local Court within 28 days of the notice. The deadline cannot be extended and the suspension stays in force while the appeal is pending. The court can only lift or vary it if satisfied there are exceptional circumstances, and needing your licence for work, school or family is ordinary rather than exceptional.
Should I just pay the fine?
Often yes, since paying finalises the matter with no conviction. But paying is an admission for demerit point purposes, and the points may be what costs you your licence if you are close to your threshold or on a provisional licence. You can elect to have the matter dealt with by a court instead, at the risk of a conviction and a larger fine. The election deadline is printed on the notice.
Do I have to attend court myself?
Not if we appear for you. On most traffic matters a solicitor can appear in your absence, which saves a day off work. Some matters do require you to attend in person, and we will tell you which.
Will a traffic offence give me a criminal record?
If a conviction is recorded, yes. Traffic offences are criminal offences, and a conviction appears on your record and can affect employment, professional registration and travel. A section 10 dismissal or a Conditional Release Order without conviction avoids that.
How long does a traffic matter take?
A straightforward guilty plea is often finalised at the first mention, usually six to eight weeks after you are charged. A defended hearing generally takes four to six months once the brief is served. Matters committed to the District Court run considerably longer.
Get started
Facing a traffic charge? Let’s talk today.
Send us your court attendance notice, penalty notice or suspension notice. We will tell you what you are facing, whether the charge can be defended or reduced, and what your realistic options are.