HOW DOES A SYDNEY TRAFFIC LAWYER FIGHT A NEGLIGENT DRIVING CHARGE?

on July 22, 2025

A negligent driving charge in Sydney, NSW, can have serious consequences, including fines, licence disqualification, and even imprisonment in severe cases. These charges can arise from everyday driving scenarios, making it critical to understand how a skilled Sydney traffic lawyer can defend you. At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we specialise in criminal law and traffic law, providing expert legal representation to protect your driving privileges and achieve the best possible outcome. As leading Sydney criminal Defence lawyers and traffic law specialists, we are committed to navigating the complexities of NSW traffic laws to deliver effective defence strategies.

In this comprehensive guide, we explore how a Sydney traffic lawyer fights a negligent driving charge, detailing the legal framework, penalties, defences, and strategies to mitigate or dismiss the charge. For legal advice, contact us at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au.

Understanding Negligent Driving Charges in NSW

A negligent driving charge in NSW is governed by section 117 of the Road Transport Act 2013. This offence occurs when a person drives a vehicle on a road or road-related area in a manner that is negligent, falling below the standard of care expected of a reasonable driver. Negligent driving charges are divided into three categories based on severity:

  1. Negligent Driving (No Harm):
    1. Driving negligently without causing bodily harm or death.
    1. Penalties:
      1. Fine: Up to $1,100 (10 penalty units).
      1. Licence Disqualification: At the court’s discretion.
      1. Demerit Points: 3 points (6 during double demerit periods, e.g., Easter or Christmas).
  • Negligent Driving Occasioning Grievous Bodily Harm (GBH):
    • Driving negligently and causing serious injury, such as broken bones or permanent disability.
    • Penalties (First Offence):
      • Fine: Up to $2,200 (20 penalty units).
      • Imprisonment: Up to 9 months.
      • Licence Disqualification: Automatic 3 years (minimum 12 months).
    • Subsequent Offence:
      • Fine: Up to $3,300 (30 penalty units).
      • Imprisonment: Up to 12 months.
      • Licence Disqualification: Automatic 5 years (minimum 2 years).
  • Negligent Driving Occasioning Death:
    • Driving negligently and causing a fatality.
    • Penalties (First Offence):
      • Fine: Up to $3,300 (30 penalty units).
      • Imprisonment: Up to 18 months.
      • Licence Disqualification: Automatic 3 years (minimum 12 months).
    • Subsequent Offence:
      • Fine: Up to $5,500 (50 penalty units).
      • Imprisonment: Up to 2 years.
      • Licence Disqualification: Automatic 5 years (minimum 2 years).

What Constitutes Negligent Driving?

Negligent driving is assessed based on whether the driver’s actions fell below the standard of a reasonable driver, considering factors like:

  • Speeding: Driving at an unsafe speed for the conditions.
  • Distraction: Using a mobile phone or other distractions.
  • Failure to Obey Traffic Rules: Ignoring traffic signs, signals, or road markings.
  • Fatigue: Driving while tired, impairing reaction times.
  • Environmental Factors: Failing to adjust for weather or road conditions.

Consequences of a Negligent Driving Charge

Beyond fines and imprisonment, a negligent driving charge can lead to:

  • Criminal Record: Remains on your National Police Certificate for 10 years (or 3 years for juveniles) unless spent under the Criminal Records Act 1991.
  • Licence Suspension: Accumulating 13 demerit points (or 4 for learner/provisional drivers) within 40 months can lead to a suspension.
  • Employment: Impacts jobs requiring a valid driver’s licence, such as delivery or transport roles.
  • Insurance: Higher premiums due to a poor driving record.
  • Emotional and Financial Strain: Legal fees, fines, and emotional distress from court proceedings.

Given these consequences, engaging a Sydney traffic lawyer is essential to fight a negligent driving charge effectively.

How a Sydney Traffic Lawyer Fights a Negligent Driving Charge

A Sydney traffic lawyer employs a range of strategies to defend against a negligent driving charge, from challenging evidence to negotiating outcomes. Below, we outline the key approaches a lawyer uses to fight the charge and achieve the best possible result.

1. Analysing the Prosecution’s Evidence

To secure a conviction, the prosecution must prove beyond a reasonable doubt that:

  • You were driving the vehicle.
  • Your driving was negligent (below the standard of a reasonable driver).
  • For GBH or death, the negligence directly caused the harm or fatality.

A lawyer will scrutinise the prosecution’s evidence, including:

  • Police Reports: Checking for inconsistencies or lack of detail in officer observations.
  • Witness Statements: Cross-examining witnesses to expose unreliable or contradictory accounts.
  • Forensic Evidence: Reviewing crash reports, medical records (for GBH), or coroner’s findings (for death) to challenge causation.
  • Dashcam or CCTV Footage: Analysing footage to determine if your driving was negligent or if other factors (e.g., another driver’s actions) contributed.

2. Raising Legal Defences

Several defences can be raised to challenge a negligent driving charge:

  • No Negligence: Your driving did not fall below the standard of a reasonable driver. For example, you were driving safely but another driver’s actions caused the incident.
  • No Causation: For GBH or death charges, the harm or fatality was not directly caused by your driving (e.g., a pedestrian’s reckless behaviour).
  • Necessity: You drove negligently to avoid immediate harm, such as swerving to avoid a collision.
  • Duress: You were coerced into driving negligently under threat (e.g., a passenger forcing you to speed).
  • Mechanical Failure: A vehicle defect, such as brake failure, caused the incident, not your driving.
  • Mental Health or Cognitive Impairment: If a mental health condition contributed, a lawyer may seek a diversion under section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020.

3. Challenging Police Conduct

Police must act lawfully when investigating a negligent driving charge. A lawyer can challenge:

  • Unlawful Stop or Search: If police lacked reasonable suspicion under section 36 of the Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA) to stop your vehicle, any evidence (e.g., breath tests) may be excluded under section 138 of the Evidence Act 1995.
  • Procedural Errors: Failure to provide a caution or follow proper protocols during questioning.
  • Example: If police stopped you without evidence of erratic driving, a lawyer can seek to exclude evidence, potentially leading to a dismissal.

4. Negotiating Plea Deals

A lawyer can negotiate with NSW Police Prosecutors or the Office of the Director of Public Prosecutions (ODPP) to:

  • Reduce Charges: Downgrade negligent driving causing GBH to negligent driving (no harm), reducing penalties from imprisonment to a fine.
  • Amend Facts: Modify the police fact sheet to remove aggravating factors, such as excessive speed or distraction.
  • Dismiss Additional Charges: Secure the withdrawal of related charges, such as speeding or mobile phone use.
  • Sentence Bargaining: Recommend lighter penalties, such as a fine instead of disqualification.

A guilty plea negotiated early can secure a sentencing discount of up to 25% under section 22 of the Crimes (Sentencing Procedure) Act 1999.

Example: For a negligent driving charge, a lawyer might negotiate to reduce it to a lesser offence like disobeying traffic signs (Rule 304, Road Rules 2014), avoiding demerit points or disqualification.

5. Securing Non-Conviction Outcomes

A lawyer can advocate for outcomes that avoid a criminal record or disqualification:

  • Section 10(1)(a) Dismissal: No conviction, fine, or penalty, preserving your clean record.
  • Section 10(1)(b) Conditional Release Order (CRO): No conviction, with conditions like good behaviour for up to 2 years.
  • Community Correction Order (CCO): Community service or supervision instead of imprisonment.

These outcomes are more achievable for first-time offenders, minor negligence, or cases with compelling mitigating factors, such as a clean driving record or employment needs.

Example: For negligent driving with no harm, a lawyer might secure a section 10 dismissal by presenting character references and evidence of a Traffic Offender Intervention Program (TOIP) completion.

6. Completing a Traffic Offender Intervention Program (TOIP)

Enrolling in a TOIP, such as the Traffic Offenders Rehabilitation Program (TORP) (cost: $150–$200), demonstrates remorse and commitment to road safety. Courts often view TOIP completion favourably, increasing the likelihood of leniency, such as a section 10 dismissal.

7. Appealing a Conviction or Sentence

If convicted, a lawyer can appeal to the District Court within 28 days under the Crimes (Appeal and Review) Act 2001 if:

  • The sentence is unduly harsh (e.g., excessive disqualification period).
  • New evidence supports your innocence.
  • Procedural errors occurred during the trial.

A lawyer can also appeal a police-issued licence suspension under section 267 of the Road Transport Act 2013, citing hardship or errors in the charge.

The Court Process for a Negligent Driving Charge

The court process for a negligent driving charge typically involves:

  1. Penalty Notice or Court Attendance Notice (CAN):
    1. For minor cases, you may receive a Penalty Notice from Revenue NSW with a fine.
    1. For serious cases (e.g., GBH or death), police issue a CAN, requiring a court appearance.
  2. Court Mention:
    1. You enter a plea (guilty or not guilty) in the Local Court. If not guilty, a hearing is scheduled.
  3. Hearing or Sentencing:
    1. If pleading not guilty, a hearing examines evidence to determine guilt.
    1. If pleading guilty or found guilty, a sentencing hearing determines penalties.
  4. Possible Outcomes:
    1. Non-conviction orders (section 10 dismissal or CRO).
    1. Conviction with fines, imprisonment, or disqualification.
    1. Mental health diversion under section 14.
  5. Appeals:
    1. Appeal to the District Court if the outcome is unfair.

Steps to Take When Facing a Negligent Driving Charge

To protect your rights and improve your case outcome, follow these steps:

  1. Engage a Sydney Traffic Lawyer Immediately:
    1. Contact Nicopoulos Sabbagh Lawyers at info@nslaw.net.au or 0427 101 499 for a free consultation to assess your case and develop a defence strategy.
  2. Exercise Your Right to Silence:
    1. Avoid making statements to police without legal advice, as they may be used against you (section 89, Evidence Act 1995).
  3. Gather Evidence:
    1. Collect dashcam footage, witness statements, or mechanical reports to support your defence.
    1. Provide character references or proof of hardship (e.g., employment contracts).
  4. Request a Review:
    1. For a Penalty Notice, request a review from Revenue NSW within 28 days, citing errors or mitigating factors.
  5. Complete a TOIP:
    1. Enrol in a TOIP to demonstrate remorse and improve leniency chances.
  6. Prepare for Court:
    1. Work with your lawyer to present a robust defence or negotiate a plea deal.
  7. Appeal if Necessary:
    1. If convicted, appeal to the District Court or challenge a licence suspension.

Why Choose Nicopoulos Sabbagh Lawyers?

At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we are dedicated to delivering exceptional representation for negligent driving and other traffic and criminal law matters in Sydney, NSW. Our team offers:

  • Specialised Expertise: In-depth knowledge of the Road Transport Act 2013, Crimes (Sentencing Procedure) Act 1999, and Mental Health and Cognitive Impairment Forensic Provisions Act 2020.
  • 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 negligent driving charge threaten your driving privileges or future. Our Sydney traffic lawyers and criminal defence specialists will fight tirelessly to protect your rights and achieve the best possible outcome.

Conclusion

A negligent driving charge in NSW can have far-reaching consequences, from fines and disqualification to imprisonment and a criminal record. A Sydney traffic lawyer can fight the charge by challenging evidence, raising defences, negotiating plea deals, and securing non-conviction outcomes like a section 10 dismissal. At Nicopoulos Sabbagh Lawyers, we leverage our expertise to deliver tailored strategies, ensuring your driving record, career, and future are protected. Whether facing a minor or serious negligent driving charge, our team is here to guide you through the legal process.

Take control of your case 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 fight your negligent driving charge and achieve the best possible result.

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