A traffic offence in New South Wales can lead to fines, licence disqualification, and even a criminal record, potentially disrupting your livelihood and personal life. However, for many traffic offences, it’s possible to secure a no conviction order, allowing you to avoid a criminal record and minimise penalties.
At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, our traffic lawyers in Sydney, NSW, specialise in Criminal Law and Traffic Law, helping client’s protect their driving privileges.
This comprehensive guide outlines how to get a no conviction order for traffic offences in NSW, the legal framework, eligibility criteria, strategies, and how our criminal defence lawyers in Sydney can assist. As a leading criminal law firm in Sydney, we’re committed to delivering justice and safeguarding your future.
Understanding No Conviction Orders in NSW
A no conviction order, often referred to as a Section 10 dismissal or Conditional Release Order (CRO) without conviction, is a sentencing option under Section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW). It allows a court to find a traffic offence proven but dismiss the charge without recording a conviction, fine, or other penalties, or impose conditions without a conviction. This outcome is particularly valuable for traffic offences, as it prevents a criminal record, avoids demerit points, and may preserve your driver’s licence.
In 2023–2024, BOCSAR reported over 1.2 million traffic-related infringement notices in NSW, with approximately 10% of court-finalised cases resulting in Section 10 dismissals, highlighting the potential for non-conviction outcomes with skilled legal representation. Courts like Downing Centre, Parramatta, Blacktown, and Burwood frequently handle these matters, making expert advocacy essential.
Common Traffic Offences Eligible for No Conviction Orders
Traffic offences in NSW are primarily governed by the Road Transport Act 2013 (NSW) and Road Rules 2014 (NSW). Many low-level or first-time offences qualify for no conviction orders, especially those classified as summary offences. Common examples include:
• Low-Range Prescribed Concentration of Alcohol (PCA) (Section 110(3)):
• Blood alcohol content (BAC) of 0.05–0.079.
• Penalties: $2,200 fine, 3–6 months disqualification, or $604 infringement notice.
• Speeding (Rule 20, Road Rules 2014):
• Exceeding the speed limit by 1–10 km/h: $138 fine, 1 demerit point.
• Exceeding by 11–20 km/h: $322 fine, 3 demerit points.
• Mobile Phone Use While Driving (Rule 300):
• Illegal use of a mobile device: $410 fine ($561 in school zones), 5 demerit points.
• Negligent Driving (No Harm) (Section 117(1)(c)):
• Careless driving without causing injury: $1,100 fine, 3 demerit points.
• Driving Unlicensed (Section 53):
• Driving without a valid licence: $2,200 fine, 3 months disqualification.
• Red Light Violations (Rule 56):
• Running a red light: $508 fine, 3 demerit points.
More serious offences, like mid-range PCA (BAC 0.08–0.149) or dangerous driving (Section 52A, Crimes Act 1900), are less likely to receive no conviction orders but may qualify in exceptional circumstances, such as first offences or significant mitigating factors.
Legal Framework for No Conviction Orders
The Crimes (Sentencing Procedure) Act 1999 provides three main options under Section 10 to achieve a no conviction order:
1. Section 10(1)(a) Dismissal:
• The charge is dismissed without a conviction, fine, or penalty.
• Ideal for minor offences with strong mitigating factors (e.g., clean record, remorse).
• Example: A first-time low-range PCA offence with no prior convictions.
2. Section 10(1)(b) Conditional Release Order (CRO) Without Conviction:
• A CRO is imposed for up to 2 years with conditions (e.g., good behaviour, no further offences) but no conviction.
• Suitable for slightly more serious offences or offenders with minor priors.
• Example: Mobile phone use with a history of good driving.
3. Section 10(1)(c) Intervention Program:
• The charge is dismissed without conviction after completing an approved program, like the Traffic Offender Intervention Program (TOIP).
• Common for traffic offences requiring rehabilitation.
• Example: Speeding resolved after TOIP completion.
Courts consider factors under Section 10(3), including the offence’s seriousness, the offender’s character, prior history, and public interest, when deciding whether to grant a no conviction order.
Eligibility Criteria for No Conviction Orders
Not all traffic offences automatically qualify for a no conviction order. Courts assess eligibility based on:
• Nature of the Offence: Minor, non-violent offences (e.g., low-range PCA, speeding) are more likely to qualify than serious offences like dangerous driving.
• Prior Record: First-time offenders or those with no recent convictions have a higher chance (80% of Section 10 dismissals go to first offenders, per BOCSAR 2024).
• Personal Circumstances: Youth, employment reliance on a licence, or personal hardship (e.g., caring for dependents) support leniency.
• Remorse and Rehabilitation: Demonstrating accountability through apologies, program participation (e.g., TOIP), or restitution strengthens your case.
• Public Interest & Public Safety: Courts balance road safety with the offender’s rehabilitation prospects, favouring non-convictions for low-risk drivers.
Our traffic lawyers in Sydney evaluate your case to determine eligibility, ensuring all criteria are addressed in court.
Steps to Request a No Conviction Order
Achieving a no conviction order requires preparation and skilled advocacy. Below is a step-by-step guide to maximise your chances:
Step 1: Seek Legal Advice Immediately
• Action: Contact a traffic lawyer to assess your case, eligibility and possibility for a no conviction order.
• Lawyer’s Role: Our criminal defence lawyers in Sydney review your evidence, infringement notices, and your driving history and provide you with legal advice. Call 0427 101 499 or 02 9793 7016, or email info@nslaw.net.au for a free consultation.
Step 2: Gather Supporting Evidence
• Action: Collect documents to demonstrate your character, remorse, and hardship.
• Examples:
• Character References: Letters from employers, family, or community leaders attesting to your good character.
• Hardship Evidence: Proof of licence reliance (e.g., job contracts, delivery driver schedules) or personal responsibilities (e.g., medical appointments).
• Rehabilitation Proof: Certificates from TOIP, defensive driving courses, or counselling (e.g., alcohol awareness programs).
Step 3: Consider Plea Options
• Action: Decide whether to plead guilty or not guilty, based on the evidence and potential defences.
• Guilty Plea:
• Benefits: Up to 25% sentence discount (Section 25D), increasing Section 10 likelihood.
• Not Guilty Plea:
• Benefits: Pursue acquittal if evidence is weak or defences apply (e.g., honest and reasonable mistake).
• Our Role: Our traffic lawyers advise on the best plea, balancing no conviction prospects with defence viability.
Step 4: Enrol in Rehabilitation Programs
• Action: Proactively complete programs like TOIP, which educates on road safety and supports Section 10(1)(c) applications.
• Why: Courts view program completion as evidence of remorse and rehabilitation, reducing penalties (15% reoffending reduction, per Transport for NSW).
• Other Programs: Defensive driving courses, alcohol/drug counselling (e.g., SMART Recovery), or community service.
• Our Role: We recommend and verify program completion, presenting certificates in court to strengthen your case.
Step 5: Prepare for Court
• Action: Attend the Local Court hearing, typically within 2–6 months, with all evidence and legal representation.
• Preparation:
• Submit character references, hardship evidence, and program certificates.
• Address aggravating factors (e.g., prior offences, high speed) with mitigating arguments.
• Our Role: Our criminal lawyers in Sydney advocate in court, and tailor arguments to magistrates’ discretion.
Step 6: Respond to the Outcome
• Possible Outcomes:
• Section 10(1)(a) Dismissal: No conviction, no penalties, no demerit points.
• Section 10(1)(b) CRO: No conviction, with conditions like good behaviour for up to 2 years.
• Section 10(1)(c) Program: No conviction upon program completion.
• Conviction: If unsuccessful, fines, disqualification, or demerit points apply, with appeal options.
• Our Role: If a conviction is recorded, we explore appeals to the District Court (Section 11, Crimes (Appeal and Review) Act 2001).
Strategies to Strengthen Your Case
Our traffic lawyers in Sydney employ proven strategies to secure no conviction orders:
1. Highlight Mitigating Factors:
• Only if applicable, Emphasise youth, clean record, or exceptional circumstances (e.g., medical emergency during speeding).
2. Challenge Evidence:
• Only if applicable, Dispute technical errors, like uncalibrated breathalysers or inaccurate speed cameras (Section 137), seeking evidence exclusion (Section 138, Evidence Act 1995).
3. Negotiate with Prosecutors:
• Only if applicable, Secure charge withdrawals or downgrades.
4. Present Rehabilitation Evidence:
• Only if applicable, Showcase TOIP completion or voluntary courses to demonstrate accountability.
5. Use Legal Precedents:
• Only if applicable, your lawyer will cite relevant cases to argue for Section 10 based on good character and minor offence severity.
Benefits of a No Conviction Order
Securing a no conviction order for a traffic offence offers significant advantages:
• No Criminal Record: Preserves employment, travel, and licensing opportunities.
• No Demerit Points: Avoids licence suspension (13 points for full licence, 7 for P-platers).
• No Disqualification: Maintains driving privileges, critical for work or family responsibilities.
• Lower Financial Impact: Avoids fines and reduces insurance premium hikes ($500–$1,000 annually).
• Peace of Mind: Minimises stress and reputational damage from a recorded conviction.
Common Challenges & Considerations
Obtaining a no conviction order can be challenging:
• Prior Offences: Repeat offenders face stricter scrutiny, requiring stronger mitigating evidence.
• Serious Offences: Mid-range PCA, High-range PCA or dangerous driving rarely qualify unless exceptional circumstances exist.
• Court Discretion: Magistrates vary in leniency, necessitating tailored advocacy.
• Public Safety: Courts prioritise road safety, especially for alcohol-related offences (30% conviction rate, per BOCSAR 2024).
Our criminal lawyers counter will advise you on these challenges as these vary on a case-by-case basis.
Why Choose Nicopoulos Sabbagh Lawyers?
A traffic offence can have lasting consequences, but you don’t have to face them alone. At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we offer:
• Specialised Expertise: Extensive experience in traffic law and criminal law, securing no conviction orders for thousands of clients in Sydney courts.
• Proven Results: Success in achieving Section 10 dismissals, acquittals, and charge reductions.
• Client-Centred Approach: Tailored strategies to protect your licence and record.
• 24/7 Support: Available around the clock for urgent advice during police interactions or court deadlines.
• Community Focus: Our Sydney-based firm educates drivers through Instagram Reels on traffic laws, reinforcing our commitment to road safety and justice.
How to Start Your Case
If charged with a traffic offence:
1. Seek Legal Advice Immediately: Contact Nicopoulos Sabbagh Lawyers at info@nslaw.net.au or call 0427 101 499 or 02 9793 7016 for a free consultation.
2. Gather Evidence: If necessary, obtain character references, hardship documentation, or TOIP certificates to support your case.
3. Exercise Your Rights: Remain silent during police questioning and request a lawyer to avoid self-incrimination.
4. Prepare for Court: Work with us to develop a preparation strategy, whether pleading guilty for a Section 10 or defending the charge.
Frequently Asked Questions About No Conviction Orders for Traffic Offences
1. What Is a No Conviction Order for Traffic Offences in NSW?
A no conviction order under Section 10 dismisses a traffic offence without recording a conviction, fine, or demerit points, or imposes conditions without a conviction.
2. Which Traffic Offences Qualify for a No Conviction Order?
Minor offences (to name a few as this is NOT an exhaustive list) such as low-range PCA, speeding, mobile phone use, or negligent driving are eligible, especially for first-time offenders.
3. How Can I Increase My Chances of a No Conviction Order?
Submit character references, complete TOIP, demonstrate hardship, and engage a traffic lawyer to advocate for a Section 10 dismissal.
4. Will a No Conviction Order Affect My Driver’s Licence?
No, a Section 10 dismissal avoids disqualification and demerit points, preserving your driving privileges.
5. How Long Does a Traffic Offence Case Take in NSW?
Local Court cases take 2–6 months. Our traffic lawyers expedite where possible to minimise disruption.
The Broader Context: Traffic Law and Road Safety in NSW
Traffic offences are a major focus in NSW, with Transport for NSW reporting 1.2 million infringement notices annually, driven by the Road Safety Plan 2026. No conviction orders play a key role in balancing rehabilitation with accountability, reducing reoffending by 15% through programs like TOIP. However, challenges remain, particularly for young drivers and First Nations communities (31% of NSW’s prison population), who face higher conviction rates. The NSW Government’s 2025 Justice Reform Package aims to expand diversionary options, underscoring the importance of expert legal representation.
Contact Nicopoulos Sabbagh Lawyers Today
A traffic offence doesn’t have to derail your life. At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, our traffic lawyers in Sydney provide expert defence, securing no conviction orders, Section 10 dismissals, or acquittals to protect your licence and future. With our deep expertise in traffic law and criminal law, we’ll guide you through every step with precision and care.
Don’t let a traffic offence define you. Contact Nicopoulos Sabbagh Lawyers today at info@nslaw.net.au, call 0427 101 499 or 02 9793 7016, or visit www.nslaw.net.au for a free consultation. Let our Sydney criminal law firm, one of the best in NSW, fight for your justice and peace of mind.
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*This article correctly reflects the Laws of NSW as at 1st June 2025.
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