At Nicopoulos Sabbagh Lawyers, throughout the years, we have
dealt with minor to some of the most serious Traffic Offences in Sydney. Our
Team of Sydney Traffic Lawyers practice in all areas of Traffic Law in NSW. Our
team of Sydney Traffic Lawyers is available to always answer all your questions
and for the purposes of today’s Article we will be discussing Defences in NSW
with respect to Traffic related matters.
As a
traffic law lawyer based in Sydney, NSW, I have seen countless clients facing
fines, licence suspensions, or even imprisonment for alleged traffic offences.
Whether it’s a speeding ticket, a drink driving charge, or a serious offence
like dangerous driving, the stakes can be high—your livelihood, your freedom,
and your driving privileges are often on the line. The good news? At Nicopoulos Sabbagh Lawyers, we specialise in identifying
possible defences to protect your rights under NSW Law.
Traffic
law in New South Wales, governed primarily by the Road Transport Act 2013 and
the Road Rules 2014, provides several legal
defences that can lead to charges being dismissed, penalties reduced, or
convictions avoided entirely. Below, I’ll Walk you through the key defences
available in traffic law cases, explaining how each one works and please note
that if you are facing a traffic matter, contact us to see how these defences
might work for you.
1. HONEST AND REASONABLE MISTAKE OF FACT
One of
the most powerful defences in traffic law is the honest and reasonable mistake of fact. This
applies when you genuinely believed something to be true, and that belief was
reasonable in the circumstances, leading you to commit the offence
unintentionally.
- How
It Works: For strict liability offences
(e.g., speeding, low-range drink driving), the prosecution does NOT need
to prove intent—just that the act occurred. However, if you can show you
made an honest and reasonable mistake, the charge may be dismissed. For
example, if a speed limit sign was obscured by foliage and you reasonably
assumed the limit was higher, this could be a defence to a speeding
ticket.
2. NECESSITY
The
defence of necessity applies when you broke a traffic law
to avoid a greater harm, and there was no reasonable alternative. This is a
high bar to meet, but it can be a game-changer in the right case.
- How
It Works: You must prove three things:
(1) you faced an imminent danger, (2) your actions were necessary to avoid
it, and (3) the harm you avoided outweighed the harm caused by breaking
the law. For instance, speeding to rush an injured passenger to hospital
could qualify if delay would’ve risked their life.
3. DURESS
If you
were forced to commit a traffic offence under threat of harm, the defence of duress might apply. This is about showing you had no real choice
due to coercion.
- How
It Works: You need to prove that
someone threatened you with serious harm (e.g., violence), the threat was
immediate, and you reasonably believed compliance was your only option.
For example, if a passenger was threatened with a weapon to speed away
from a scene, this could be duress.
4. MECHANICAL DEFECT OR
EQUIPMENT FAILURE
Sometimes,
the fault lies not with you, but with your vehicle or the equipment used to
detect the offence. The mechanical defect defence
can challenge the reliability of the evidence against you.
- How
It Works: If a vehicle malfunctioned
(e.g., brake failure causing a crash) or a detection device (e.g., speed
camera) was faulty, a person may avoid liability. For speeding or
red-light offences, NSW law requires cameras to be tested and
certified—any lapse can invalidate the charge.
5. IDENTITY OF THE
DRIVER
For many
traffic offences detected by cameras (e.g., speeding, toll evasion), the
prosecution must prove the person named on a fine was in fact the driver. If
the prosecution fails to prove this, then the charge can be dismissed.
- How
It Works: If a person receives a
penalty notice but they were not driving the vehicle at that point in time
when the subject offence was committed (as per the penalty notice)—you can
nominate the actual driver or dispute identity in Court. The prosecution
bears the burden of proof in court.
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 14th 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.