Offences Archive - Cityscape Lawyers

Red Light Camera

If you accept the charge: you will incur a fine of $457.00 (or $572 if in a school zone), you will lose 3 demerit points (or 4 demerit point if in a school zone) and You will lose your license if the loss of points results in you exceeding your demerit point threshold.

Speeding

If you accept that you were speeding: you will incur a fine depending how fast you were travelling, you will lose demerit points based on how fast you were travelling and you may lose your license if your speeding falls into a category where a loss of license is inevitable.

Never Licensed

Courts view this as a serious offence because you have not demonstrated the requisite skills needed to be the holder of a driver’s license. Driving without a license is seen as putting the community at risk.

Drive Cancelled

Driving whilst your license has been cancelled is a serious offence, that usually occurs in circumstances where people have not re-applied to the RMS for a new license after having served a period of disqualification.

Drive Disqualified

Driving whilst disqualified is a serious charge, particularly as it involves disobeying a court order. Offenders can face heavy penalties (including gaol) especially where an offence is aggravated. Examples of aggravating circumstances include repeat offending, passengers in the vehicle, driving erratically etc.

Drive Suspended

Driving whilst suspended is a serious charge, particularly if you have offended on more than one occasion. Offenders can face heavy penalties (including gaol) especially where an offence is aggravated. Examples of aggravating circumstances include: repeat offending, passengers in the vehicle, erratic driving etc.

Refuse breath test or breath analysis or blood/urine sample

Refusing a breath test or failing to provide a sufficient sample is a fine-only offence that does not usually result in any license disqualification. However, you may be required to submit to a breath analysis if you refuse a breath test.

Good behaviour license

Once a suspension is issued for breaching of a good behaviour license, that cannot be appealed. However, you can challenge the charge that gives rise to a breach of a good behaviour license, if circumstances warrant this.

Appealing a Police suspension

The Police can suspend you from driving for: drink driving – PCA and DUI offences, drug driving, exceed speed limit in excess of 30km/h (provisional licence holders), exceed speed limit in excess of 45km/h, driving unaccompanied (a learner driver), street racing or aggravated burnout. (These are hoon offences that can also result in your car being impounded or your number plates confiscated.)

Appealing a Transport for NSW (TfNSW) suspension

The RMS has a discretion to suspend you if you: exceed the speed limit by more than 30Km/h (3-month suspension), exceed the speed limit by more than 45km/h (6-month suspension), demerit points have exceeded the allowable threshold (Provisional drivers only), not being a ‘fit and proper person’ to hold a license in NSW or being medically unwell.