AREAS OF TRAFFIC LAW WE DO?

The Answer can be summarised into one word. EVERYTHING!

At Nicopoulos Sabbagh Lawyers, we have dealt with minor to the some of the most serious Traffic Offences in Sydney. Our Team of Sydney Traffic Lawyers practice in all areas of Traffic Law in NSW. Traffic Law encompasses a wide range of offences, from minor infringements to serious crimes, as well as regulatory matters related to licensing and vehicle use. Below are the key areas and specific types of offences you might mention in your practice:

 

1. Speeding Offences

• Exceeding Speed Limit by 10 km/h or Less.
• Exceeding Speed Limit by More Than 10 km/h but Less Than 20 km/h
• Exceeding Speed Limit by More Than 20 km/h but Less Than 30 km/h
• Exceeding Speed Limit by More Than 30 km/h but Less Than 45 km/h
• Exceeding Speed Limit by More Than 45 km/h.
• Speeding in School Zones.
• Driving Too Fast for Conditions.

 

2. Drink Driving (Prescribed Concentration of Alcohol – PCA) Offences

• Novice Range PCA (0.00 to <0.02): For learner or provisional drivers, incurs fines, 3-month suspension, and 3 demerit points.
• Special Range PCA (0.02 to <0.05): For special category drivers (e.g., taxi drivers), includes fines and possible suspension.
• Low Range PCA (0.05 to <0.08): Fines, 3-month suspension (since 2019), and 3 demerit points.
• Mid-Range PCA (0.08 to <0.15): Higher fines, automatic disqualification (e.g., 6 months), and potential imprisonment.
• High Range PCA (0.15 or Higher): Severe penalties, up to 18 months imprisonment (first offence), automatic disqualification (e.g., 12 months), and mandatory interlock orders for repeat offenders.

 

3. Drug Driving Offences

• Driving with Presence of Illicit Drug: Detected via saliva test (e.g., cannabis, methamphetamine), incurs fines, suspension, and disqualification.
• Driving Under the Influence of Drugs (DUI): Proven impairment (not just presence), carries heavier penalties, up to 9 months imprisonment (first offence), and disqualification.
• Refusal to Provide Sample: Refusing a drug test, leading to fines, disqualification, and potential imprisonment.

 

4. Dangerous and Reckless Driving Offences

• Negligent Driving: Causing no harm (fines), causing grievous bodily harm (up to 9 months imprisonment), or causing death (up to 18 months).
• Dangerous Driving: Driving in a manner dangerous to others, with penalties up to 7 years imprisonment if causing grievous bodily harm, or 9 years if causing death.
• Aggravated Dangerous Driving: Includes factors like excessive speed (>45 km/h over limit) or intoxication, with penalties up to 11 years (grievous bodily harm) or 14 years (death).
• Predatory Driving: Pursuing another vehicle with intent to harm, up to 7 years imprisonment.
• Furious or Reckless Driving: Historical offence under the Crimes Act 1900, still applicable, with imprisonment possible.

 

 

 

5. Licence-Related Offences

• Driving While Suspended: Up to 6 months imprisonment (first offence), automatic disqualification.
• Driving While Disqualified: Up to 12 months imprisonment, extended disqualification.
• Driving Unlicensed: Fines and potential disqualification.
• Driving Contrary to Licence Conditions: E.g., breaching provisional licence restrictions, incurs fines and demerit points.

 

6. Vehicle Registration and Compliance Offences

• Driving an Unregistered Vehicle: Fines for both driver and owner.
• Using a Defect-Noticed Vehicle: Driving a vehicle marked defective, incurs fines and potential suspension.
• Number Plate Offences: Obscured, fake, or missing plates, leading to fines or court proceedings.

 

7. Traffic Signal and Road Rule Violations

• Running a Red Light: Fines and 3 demerit points.
• Failing to Stop at Stop Sign: Fines and demerit points.
• Disobeying Traffic Signs: E.g., no U-turn, incurs fines and points.
• Illegal U-Turns or Turns: Fines and 2-3 demerit points.

 

8. Mobile Phone and Distraction Offences

• Using a Mobile Phone While Driving: Hand-held use incurs 5 demerit points (10 on double demerit periods) and fines.
• Other Distractions: E.g., adjusting GPS improperly, can be charged as negligent driving.

 

9. Seatbelt and Restraint Offences

• Not Wearing a Seatbelt: Driver and passenger fines, 3 demerit points (6 if multiple unrestrained passengers).
• Child Restraint Violations: Incorrect or no restraint for children, incurs fines and 3 demerit points.

 

10. Heavy Vehicle Offences (Under Heavy Vehicle National Law – HVNL)

• Fatigue Violations: Exceeding driving hours, fines, or court penalties.
• Load Restraint Breaches: Unsecured loads, incurs fines or court proceedings.
• Mass or Dimension Offences: Overweight or oversized vehicles, penalties escalate with severity (minor, substantial, severe risk).

 

11. Hit and Run Offences

• Failing to Stop After an Accident: Minor injury (fines), grievous bodily harm (up to 7 years), or death (up to 10 years under Crimes Act 1900).

 

12. Pedestrian and Cyclist-Related Offences

• Failing to Give Way to Pedestrians: Fines and demerit points.
• Cyclist Rule Breaches: E.g., not wearing a helmet, incurs fines.

 

13. Parking Offences

• Illegal Parking: Fines issued by councils or Revenue NSW.
• Parking in Disability Zone Without Permit: Higher fines and potential towing.

 

14. Miscellaneous Offences

• Street Racing or Burnouts: Fines, disqualification, and up to 9 months imprisonment.
• Noise or Smoke Offences: Excessive vehicle noise or emissions, incurs fines.
• Obstructing Traffic: Blocking roads intentionally, fines apply.

 

 

DIFFERENT TYPES OF TRAFFIC APPEALS IN NSW

Appeals are a critical part of your traffic law practice, offering clients avenues to challenge penalties, suspensions, or convictions. Here are all the appeal types available in NSW:

 

1. Penalty Notice Reviews

• Request for Review by Revenue NSW: For fines (e.g., speeding, red light), clients can seek a review if there’s a mistake or exceptional circumstances (e.g., medical emergency). Outcomes include cancellation, caution, or upheld fine.

 

2. Court Elections

• Electing to Take a Fine to Court: Clients can contest a penalty notice in the Local Court within 28 days, pleading guilty (seeking leniency) or not guilty (disputing the offence).

 

3. Licence Suspension Appeals

• Appeal Against Transport for NSW Suspension: For suspensions due to excessive speeding (>30 km/h or >45 km/h) or demerit points (provisional drivers only), appealable to the Local Court within 28 days. Outcomes: upheld, reduced, or quashed.
• Appeal Against Police Immediate Suspension: For serious offences (e.g., high-range PCA, speeding >45 km/h), appealable to the Local Court.
• Failure to Pay Fine Suspension Appeal: Suspension by Revenue NSW for unpaid fines, appealable to the Local Court.

 

4. Local Court Appeals

• Severity Appeal: Challenging the harshness of a penalty (e.g., fine, disqualification) to the District Court.
• Conviction Appeal: Contesting a guilty finding in the Local Court, heard de novo (afresh) in the District Court.
• All Grounds Appeal: Combining severity and conviction appeals.

 

5. Supreme Court Appeals

• Appeal on Error of Law: From a Local Court decision, if a magistrate misapplied the law, heard by the Supreme Court (rare for traffic matters).

 

6. Court of Criminal Appeal

• Appeal from District Court: For serious traffic offences (e.g., dangerous driving causing death) finalised in the District Court, appealable on law or fact to the Court of Criminal Appeal.

 

7. Habitual Traffic Offender Declaration Appeals (Legacy)

• Application to Quash Declaration: Although abolished in 2017, pre-existing declarations can be appealed to the Local Court if offence-free for 2-4 years.

8. Medical Licence Appeals

• Appeal Against Licence Refusal/Suspension for Medical Reasons: Transport for NSW decisions based on health can be appealed to the Local Court.

 

Why Choose Us for Your Traffic Defence?

Traffic law cases aren’t just about paying a fine or accepting a suspension—they’re about protecting your rights, protecting your Driving record, your licence, and most importantly your future. At Nicopoulos Sabbagh Lawyers, we bring deep knowledge of NSW traffic laws and a proven track record in Sydney’s Local Courts. Whether it’s negotiating with prosecutors, seeking a penalty notice review, or fighting for a dismissal, we tailor our defence strategy to your unique case.

Facing a traffic charge? Don’t let it derail your life. Contact us today for a consultation, and let’s explore every possible defence to get you back on the road—legally and confidently.

 

Why Choose Nicopoulos Sabbagh Lawyers YOUR Leading Sydney Traffic Lawyers to represent you in your Traffic Law Matter?

 

Nicopoulos Sabbagh Lawyers are the leading Law firm in Traffic Law matters as our office appears at ALL Courts in NSW on a regular basis in ALL Traffic Law matters.  No matter is too complex for Nicopoulos Sabbagh lawyers, your Traffic Sydney Lawyers, so be sure to book your first Free Consultation today!

 

 

GOING TO COURT?

It is very important that you speak with a lawyer so that you can get the appropriate legal advice which you require prior to going to court.

 

Our team of experienced solicitors are there for you and can help you answer all your questions, so be sure to contact your Sydney Lawyers, Nicopoulos Sabbagh Lawyers.

 

*This article correctly reflects the Laws of NSW as at 14^th March 2025.

 

*Please note that this page or any other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal advice or even other professional advice. It should also be noted that accessing of this information from this website does not create a client-lawyer relationship.