Receiving a traffic infringement notice in Sydney, NSW, can be a stressful experience, with potential consequences ranging from fines to licence suspension or even criminal charges. At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we understand the complexities of NSW traffic law and the importance of taking prompt action to protect your driving record and rights. As leading Sydney traffic lawyers and criminal defence specialists, we are dedicated to helping you navigate the legal system and achieve the best possible outcome.
In this comprehensive guide, we outline 7 critical steps to take after receiving a traffic infringement in Sydney, NSW, ensuring you are well-prepared to address the issue effectively. For expert legal advice, contact us at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au.
Understanding Traffic Infringements in NSW
A traffic infringement notice in NSW is a fine issued by authorities, typically the NSW Police or Transport for NSW, for breaching the Road Transport Act 2013, Road Rules 2014, or related regulations. Common traffic infringements include:
- Speeding: Exceeding the speed limit, with fines starting at $128 for less than 10 km/h over the limit.
- Running a Red Light: Fines up to $514 and 3 demerit points.
- Using a Mobile Phone While Driving: Fines up to $410 and 5 demerit points.
- Low-Range PCA (Prescribed Concentration of Alcohol): Driving with a blood alcohol concentration (BAC) of 0.05–0.079, with fines up to $2,200 and potential licence suspension.
- Driving Without a Valid Licence: Fines up to $2,200 and possible court proceedings.
Traffic infringements often carry demerit points, which can accumulate and lead to licence suspension if you exceed the threshold (13 points for a full licence, 4 for a learner, or 7 for a P2 licence within a 40-month period). Serious offences, such as high-range PCA or reckless driving, may result in a Court Attendance Notice (CAN), requiring you to appear in court.
Taking the right steps immediately after receiving a traffic infringement can minimise penalties, protect your driving privileges, and potentially avoid a criminal record. Below, we detail the 7 steps to take to address a traffic infringement effectively.
Step 1: Review the Infringement Notice Carefully
The first step after receiving a traffic infringement notice is to carefully review its details to understand the charge and your options. The notice, issued by Revenue NSW or the police, typically includes:
- Offence Details: The specific offence (e.g., speeding, PCA), date, time, and location.
- Penalty: The fine amount and demerit points (if applicable).
- Payment Deadline: Usually, 28 days from the issue date to pay the fine or take action.
- Court Election Option: Instructions on how to elect to have the matter heard in court.
- Review Request Process: Details on requesting a review through Revenue NSW.
Action: Check for errors in the notice, such as incorrect dates, vehicle details, or offence descriptions. Errors can form the basis for a review or defence. Note the deadline for payment or action to avoid additional penalties, such as late fees or licence suspension.
Step 2: Contact a Sydney Traffic Lawyer Immediately
Engaging a qualified Sydney traffic lawyer as soon as possible is critical to protect your rights and explore your options. At Nicopoulos Sabbagh Lawyers, our experienced criminal defence lawyers and traffic law specialists can:
- Review the infringement notice and police evidence for errors or procedural flaws.
- Advise on whether to pay the fine, request a review, or elect to go to court.
- Explore defences, such as honest and reasonable mistake of fact or procedural errors.
- Negotiate with prosecutors to reduce charges or penalties if the matter proceeds to court.
- Seek non-conviction outcomes, such as a section 10(1)(a) dismissal or section 10(1)(b) Conditional Release Order (CRO) under the Crimes (Sentencing Procedure) Act 1999.
Action: Contact Nicopoulos Sabbagh Lawyers at info@nslaw.net.au or 0427 101 499 for a free initial consultation. Early legal advice can prevent costly mistakes, such as paying a fine that admits guilt and adds demerit points.
Step 3: Exercise Your Right to Silence
If you were questioned by police at the time of the infringement, avoid making further statements without legal advice. Under NSW law, you have the right to remain silent, except for providing basic identification details (e.g., name, address, and driver’s licence). Statements made to police can be used as evidence in court, potentially harming your case.
Action: Politely decline to answer questions about the incident until you’ve consulted your lawyer. If you’ve already made statements, inform your Sydney DUI lawyer or traffic lawyer so they can assess their impact on your defence.
Step 4: Request a Review from Revenue NSW
If you believe the infringement notice was issued in error or there are mitigating circumstances, you can request a review through Revenue NSW within 60 days of receiving the notice. Grounds for a review include:
- Factual Errors: Incorrect vehicle details, speed readings, or offence descriptions.
- Mitigating Circumstances: Financial hardship, medical emergencies, or other exceptional situations.
- Clean Record: A good driving history may support leniency for minor offences.
Action: Submit a review request online via the Revenue NSW website or in writing, including supporting evidence (e.g., statutory declarations, medical certificates, or dashcam footage). Our Sydney traffic lawyers can draft a compelling review request to increase your chances of having the fine withdrawn or reduced.
Step 5: Consider Electing to Go to Court
If the review is unsuccessful or you believe you have a strong defence, you can elect to have the matter heard in the Local Court (e.g., Parramatta, Liverpool, or Campbelltown). This must be done within 28 days of the notice or as specified. Going to court allows you to:
- Challenge the offence with legal defences, such as:
- Honest and Reasonable Mistake: You genuinely believed your actions were lawful (e.g., misjudging your BAC for a PCA offence).
- Procedural Errors: Police failed to follow proper protocols, such as incorrect breathalyzer calibration.
- Necessity: You drove to avoid immediate harm (e.g., a medical emergency).
- Seek a section 10 dismissal or CRO to avoid a conviction and demerit points.
- Present mitigating factors, such as good character or hardship, to reduce penalties.
Action: Discuss with your Sydney criminal lawyer whether going to court is in your best interest. Our team at Nicopoulos Sabbagh Lawyers can represent you, cross-examine police witnesses, and advocate for leniency.
Step 6: Gather Supporting Evidence
Collecting evidence to support your case is essential, whether for a review, court hearing, or appeal. Relevant evidence includes:
- Dashcam or CCTV Footage: To challenge police claims about your driving.
- Witness Statements: From passengers or bystanders who can corroborate your account.
- Medical Records: If a medical condition contributed to the offence (e.g., inability to provide a breath sample).
- Character References: Letters from employers, colleagues, or community members attesting to your good character.
- Proof of Hardship: Documents showing the impact of a fine or licence suspension, such as employment contracts or family responsibilities.
- Driving Record: Obtained from Service NSW to demonstrate a clean history.
Action: Organise this evidence and provide it to your lawyer. Our Sydney traffic law specialists will analyse it to build a robust defence or support a review request.
Step 7: Complete a Traffic Offender Intervention Program (TOIP)
Enrolling in a Traffic Offender Intervention Program (TOIP), such as the Traffic Offenders Rehabilitation Program (TORP), can demonstrate remorse and improve your chances of a lenient outcome. The program, costing approximately $150–$200, educates participants on road safety and legal responsibilities. Courts often view TOIP completion favourably, particularly for first-time offenders seeking a section 10 dismissal.
Action: Enrol in an approved TOIP before your court date or review decision. Discuss with your lawyer whether this is appropriate for your case. Nicopoulos Sabbagh Lawyers can guide you on selecting a reputable program and presenting the completion certificate in court.
Potential Consequences of a Traffic Infringement
Failing to address a traffic infringement properly can lead to serious consequences:
- Fines: Ranging from $128 for minor speeding to $5,500 for high-range PCA or refusal to provide a breath sample.
- Demerit Points: Accumulating points can lead to licence suspension (e.g., 13 points for a full licence within 40 months).
- Licence Suspension: Police-issued suspensions for serious offences (e.g., speeding over 45 km/h) or court-imposed disqualifications.
- Criminal Record: Court convictions for serious offences (e.g., DUI, reckless driving) remain on your National Police Certificate for 10 years (or 3 years for juveniles) unless spent under the Criminal Records Act 1991.
- Mandatory Interlock Orders: Required for alcohol-related offences, involving costly device installation.
- Employment and Travel: A criminal record or licence suspension can impact jobs requiring a clean driving history or international travel.
- Insurance: Increased premiums or difficulty obtaining coverage.
By following the 7 steps above and engaging Sydney traffic lawyers, you can mitigate these consequences and potentially avoid a conviction altogether.
Why Acting Quickly Matters
Taking prompt action after receiving a traffic infringement is critical because:
- Deadlines Are Strict: You have 28 days to pay the fine, request a review, or elect to go to court, and missing these deadlines can result in additional penalties or loss of appeal rights.
- Evidence Preservation: Dashcam footage, witness memories, or other evidence may be lost if not collected promptly.
- Early Intervention: Engaging a lawyer early allows time to build a strong defence, negotiate with prosecutors, or prepare for court.
- Minimising Penalties: Quick action can lead to outcomes like section 10 dismissals, reducing the impact on your driving record and future.
Why Choose Nicopoulos Sabbagh Lawyers?
At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we are committed to delivering exceptional legal representation for traffic infringements and criminal charges in Sydney, NSW. Our team offers:
- Specialised Expertise: In-depth knowledge of the Road Transport Act 2013, Road Rules 2014, and Crimes (Sentencing Procedure) Act 1999.
- Proven Results: Securing section 10 dismissals, CROs, and reduced penalties across Sydney courts, including Parramatta, Liverpool, and Campbelltown.
- Ethical Representation: Adhering to the Legal Profession Uniform Law (NSW) and Solicitors’ Conduct Rules for transparent, reliable advice.
- Accessible Support: Contact us at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au for a free initial consultation.
Don’t let a traffic infringement jeopardise your future. Our Sydney criminal lawyers and traffic law specialists will fight tirelessly to protect your rights and achieve the best possible outcome.
Conclusion
Receiving a traffic infringement notice in Sydney, NSW, requires immediate and strategic action to minimise penalties and protect your driving privileges. By following these 7 steps—reviewing the notice, contacting a lawyer, exercising your right to silence, requesting a review, considering court, gathering evidence, and completing a TOIP—you can build a strong case and improve your chances of a favourable outcome. At Nicopoulos Sabbagh Lawyers, our experienced Sydney traffic lawyers are dedicated to guiding you through every stage of the process, from initial advice to court representation.
Take control of your traffic infringement today. Contact Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au to schedule a free consultation. Let us help you navigate the complexities of NSW traffic law and secure the best possible result for your case.
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*This article correctly reflects the Laws of NSW as of 28th June 2025.
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