Traffic offences in New South Wales (NSW), such as speeding, drink driving, or negligent driving, can result in hefty fines, demerit points, licence suspension, and a criminal record that affects employment, travel, and insurance premiums. However, NSW law provides a lifeline through a “section 10” dismissal, allowing courts to find you guilty but dismiss the charge without recording a conviction. This outcome can help you avoid the most severe consequences, like licence disqualification or a criminal record, making it a highly sought-after result for eligible offenders. Obtaining a section 10 requires careful preparation, strong evidence, and expert legal guidance to persuade the court of your suitability. At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we specialise in criminal law and traffic law, providing expert legal representation to secure section 10 dismissals for traffic offences in Sydney. As leading Sydney criminal lawyers and traffic law specialists, we are committed to protecting your rights and achieving the best possible outcome in NSW courts.
In this comprehensive guide, we explain how to get a section 10 (no conviction) for a traffic offence in NSW, covering the legal framework, eligibility criteria, step-by-step process, required evidence, common traffic offences, potential challenges, and how a lawyer can increase your chances of success.
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. For legal Advice, please be sure to contact our office at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au.
What Is a Section 10 Dismissal in NSW?
A section 10 dismissal refers to an order under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW), where a court finds you guilty of an offence but dismisses the charge without recording a conviction. This means you avoid a criminal record, licence disqualification, and other penalties associated with a conviction, such as demerit points or interlock requirements. There are two main types of section 10 orders:
- Section 10(1)(a) Dismissal: The charge is dismissed outright, with no conditions or penalties. This is the most favourable outcome, as it allows you to continue driving without restrictions and maintains a clean record.
- Section 10(1)(b) Conditional Release Order (CRO): The charge is dismissed, but you are placed on a good behaviour bond for up to 2 years with conditions like attending counselling or avoiding further offences. Breaching the CRO can result in resentencing.
Section 10 is available for a wide range of traffic offences, including drink driving, speeding, negligent driving, and driving without a licence, but it’s not guaranteed—courts must consider specific factors to determine if it’s appropriate. The law emphasises rehabilitation and public interest, making section 10 a valuable tool for first-time or low-level offenders who show genuine remorse and a commitment to reform.
As of August 22, 2025, the Crimes (Sentencing Procedure) Act 1999 remains unchanged regarding section 10 for traffic offences, but courts have become more selective due to increased road safety enforcement under the Road Safety Plan 2021. This means stronger evidence and legal arguments are needed to convince the magistrate that a section 10 is warranted, balancing the offence’s severity against your personal circumstances and the community’s safety.
Why Section 10 Is Valuable for Traffic Offences
- No Criminal Record: Avoids a conviction that could affect job applications, travel (e.g., visa restrictions to the USA or Canada), or background checks.
- No Licence Disqualification: Essential for drivers who rely on their licence for work or family duties, preventing suspensions that could last 3 months to 5 years.
- No Demerit Points: Stops points from accumulating, avoiding future suspensions under section 33 of the Road Transport Act 2013.
- No Interlock Requirement: Avoids the mandatory alcohol interlock program for drink driving offences (section 211, Road Transport Act 2013), which costs $2,200–$2,500 annually.
- Employment and Lifestyle Protection: Maintains your ability to drive, crucial for professions like delivery drivers, tradespeople, or parents with school run duties.
However, section 10 is not available for all offences—serious crimes like high-range PCA or repeat offences are less likely to qualify, and courts must be satisfied that it’s in the public interest.
Example: A first-time low-range PCA offender, such as a young professional who had one too many drinks at a work event, might secure a section 10 dismissal by demonstrating remorse through an apology letter and completing the Traffic Offender Intervention Program (TOIP), avoiding a 3-month disqualification and a criminal record that could harm their career.
Eligibility for Section 10 in Traffic Offences
Eligibility for a section 10 is determined by the court under section 10(3) of the Crimes (Sentencing Procedure) Act 1999, which requires consideration of:
- The Nature and Seriousness of the Offence: Minor offences like low-range PCA or speeding are more likely to qualify than high-range PCA or dangerous driving (section 52A, Crimes Act 1900).
- Your Character and Antecedents: A clean or minimal criminal/traffic record, supported by character references, strengthens your case.
- Extenuating Circumstances: Factors like an emergency or medical condition contributing to the offence.
- Any Other Relevant Matter: Remorse, rehabilitation (e.g., TOIP completion), or hardship (e.g., job loss from disqualification).
Traffic offences eligible for section 10 include:
- Drink Driving: Low-range PCA (BAC 0.05–0.079) or novice-range (BAC > 0.00 for P1/P2/learners) on first offences, but rarely for mid/high-range.
- Speeding: Over 10 km/h but under 30 km/h, especially if no accident occurred.
- Negligent Driving: Without causing harm (section 117, Road Transport Act 2013).
- Driving Without a Licence: First-time or minor breaches (section 53).
Section 10 is discretionary—the court must balance public safety with your circumstances. Repeat offenders or those with high BAC levels are less likely to succeed.
Example: A P2 driver charged with novice-range PCA after a single drink at a family gathering secures a section 10 dismissal by presenting evidence of an otherwise spotless record, TOIP completion, and hardship from licence loss, avoiding a 3-month suspension and record.
Step-by-Step Guide to Getting a Section 10 for a Traffic Offence
Obtaining a section 10 involves careful preparation and a persuasive court presentation. Here’s a step-by-step guide based on the Crimes (Sentencing Procedure) Act 1999 and Road Transport Act 2013:
Step 1: Understand Your Charge and Eligibility
- Review the Court Attendance Notice (CAN) for offence details (e.g., BAC level, demerit points).
- Assess eligibility: Section 10 is more likely for first-time, low-level offences with strong mitigation.
- Consult a Sydney traffic lawyer to evaluate your chances—factors like prior offences or accident involvement can affect outcomes.
Why this step?: Knowing eligibility helps decide on a plea and strategy, avoiding unrealistic expectations.
Step 2: Engage a Specialist Traffic Lawyer
- Contact a lawyer like Nicopoulos Sabbagh Lawyers at info@nslaw.net.au or 0427 101 499 for a free consultation. A lawyer analyses the police fact sheet, identifies defences, and gathers evidence.
- If arrested (e.g., for high-range PCA), your lawyer can apply for bail under the Bail Act 2013.
Why?: Lawyers increase section 10 success rates by presenting compelling mitigation and negotiating with prosecutors.
Step 3: Gather Supporting Evidence
- Collect evidence to demonstrate your suitability for section 10:
- Character References: 2–3 letters from employers, family, or community members attesting to your good character and low reoffending risk. References should be on letterhead, signed, and addressed to the court.
- Apology Letter: A sincere, handwritten letter expressing remorse, explaining the offence’s circumstances, and outlining steps to prevent recurrence (e.g., enrolling in TOIP).
- Rehabilitation Evidence: Completion certificate from the Traffic Offender Intervention Program (TOIP), a court-approved course on road safety ($150–$200).
- Hardship Evidence: Employer letters or affidavits showing the impact of a conviction/disqualification (e.g., job loss, no public transport).
- Medical Evidence: If applicable, reports explaining medical conditions contributing to the offence (e.g., false BAC readings from diabetes).
- Traffic Record: A clean or minimal record from Service NSW to highlight the offence as out of character.
- Present originals and three copies for the court, prosecutor, and your records.
Why?: Evidence persuades the magistrate that a section 10 is appropriate, balancing the offence with your rehabilitation and hardship.
Step 4: Complete the Traffic Offender Intervention Program (TOIP)
- Enrol in TOIP, a one-day course teaching responsible driving and road safety, available through approved providers.
- Complete it before sentencing to demonstrate proactive reform.
Why?: Courts view TOIP positively, increasing section 10 chances and potentially reducing demerit points or penalties.
Step 5: Decide on Your Plea and Strategy
- Guilty Plea: Admits the offence, allowing focus on mitigation for a section 10. Pleading early secures a sentencing discount (up to 25% under section 22).
- Not Guilty Plea: Contests the charge, potentially leading to dismissal if defences succeed (e.g., unlawful testing under section 36, LEPRA).
- Your lawyer advises based on evidence strength.
Why?: A guilty plea with strong mitigation is often the path to section 10 for traffic offences.
Step 6: Attend Court and Present Your Case
- Court Mention: Enter your plea in the Local Court. If guilty, request sentencing with section 10 arguments.
- Sentencing Hearing: The prosecution presents facts (e.g., BAC level, offence details), while your lawyer submits evidence and submissions for section 10.
- The magistrate decides based on section 10(3) factors (offence nature, character, extenuating circumstances).
- Outcome: If granted, no conviction is recorded; if denied, standard penalties apply (e.g., disqualification under section 205).
Example: A driver charged with negligent driving pleads guilty, presents TOIP completion and references, securing a section 10 dismissal and avoiding a criminal record.
Step 7: Appeal if the Section 10 is Denied
- If section 10 is refused, appeal to the District Court within 28 days under the Crimes (Appeal and Review) Act 2001, arguing errors in discretion or fact.
- A lawyer can file the appeal and present new evidence if admissible (section 17, Evidence Act 1995).
Why?: Appeals offer a second chance for a section 10.
Step 8: Comply with Outcomes and Prevent Recurrence
- If granted, comply with any CRO conditions to avoid resentencing.
- Enrol in defensive driving courses or monitor demerit points via Service NSW to prevent future offences.
Why?: Compliance maintains your clean record, and prevention avoids repeat charges.
Common Traffic Offences Eligible for Section 10
Section 10 is available for many traffic offences, including:
- Drink Driving: Low-range PCA (BAC 0.05–0.079) or novice-range (BAC > 0.00) for first-time offenders, but rare for mid/high-range.
- Speeding: Under 30 km/h over the limit, especially without accidents.
- Negligent Driving: Without causing harm (section 117).
- Driving Without a Licence: First-time or minor breaches (section 53).
- Mobile Phone Use: While driving, if no endangerment occurred (section 300, Road Rules 2014).
- Red Light Violations: Minor infractions without crashes.
For serious offences like high-range PCA or negligent driving causing grievous bodily harm (section 52A, Crimes Act 1900), section 10 is unlikely due to public safety concerns.
Challenges: Repeat offenders or those with high BAC levels face lower success rates, requiring stronger evidence of rehabilitation.
Example: A first-time speeding offender (15 km/h over) secures a section 10 by presenting TOIP completion and character references, avoiding points and a fine.
Evidence Required for a Section 10
To convince the court of your suitability for section 10, gather:
- Character References: 2–3 letters from reputable individuals (e.g., employers, community leaders) attesting to your good character, remorse, and low reoffending risk. References should be signed, dated, and on letterhead.
- Apology Letter: A handwritten letter expressing remorse, explaining the offence, and outlining reform steps (e.g., TOIP enrolment).
- TOIP Certificate: Proof of completing the Traffic Offender Intervention Program, demonstrating commitment to road safety.
- Hardship Evidence: Employer letters or affidavits showing the impact of a conviction (e.g., job loss, no public transport).
- Medical Evidence: If applicable, reports explaining mitigating factors (e.g., stress contributing to speeding).
- Traffic Record: A clean or minimal record from Service NSW to show the offence is out of character.
Presentation: Provide originals and three copies for the court, prosecutor, and your records. A lawyer ensures evidence is admissible and effectively presented.
Example: A driver charged with low-range PCA gathers employer letters proving job loss from disqualification and TOIP proof, securing a section 10 dismissal.
Factors Courts Consider for Section 10
Under section 10(3), courts evaluate:
- Offence Nature: Minor offences like low-range PCA are more eligible than high-range or dangerous driving.
- Your Character: Clean criminal/traffic record, supported by references.
- Extenuating Circumstances: Emergency or one-off lapse (e.g., drink driving after misjudging consumption).
- Public Interest: Whether a dismissal serves justice without undermining deterrence.
- Remorse and Rehabilitation: TOIP completion or counselling.
- Hardship: Conviction’s impact on employment or family.
Sentencing Guidelines: Courts balance these against public safety (section 21A, Crimes (Sentencing Procedure) Act 1999).
Example: A court grants section 10 for a negligent driving charge without harm, citing the driver’s clean record and TOIP completion.
Challenges and Common Mistakes
- Ineligibility: High-range PCA or repeat offences rarely qualify for section 10 due to severity.
- Poor Preparation: Lack of evidence (e.g., no TOIP) reduces chances.
- Self-Representation: Missing defences or procedural errors.
- Misunderstanding: Assuming section 10 is automatic—it’s discretionary.
A Sydney traffic lawyer avoids these pitfalls, maximising success.
How a Sydney Criminal Lawyer Helps Secure a Section 10
At Nicopoulos Sabbagh Lawyers, we:
- Assess Eligibility: Evaluate your case for section 10 prospects.
- Gather Evidence: Compile references, TOIP certificates, and hardship proof.
- Build Defences: Raise procedural errors or medical defences (section 36, LEPRA).
- Negotiate Plea Deals: Secure charge reductions or withdrawals.
- Represent in Court: Present compelling submissions in Local Courts like Parramatta or Liverpool.
- Appeal Refusals: Challenge denials in the District Court within 28 days (Crimes (Appeal and Review) Act 2001).
Example: We secured a section 10 dismissal for a first-time speeding offender, avoiding points and a fine by presenting TOIP and references.
The Court Process for Traffic Offences
Traffic offence cases are typically handled in the Local Court:
- Arrest or Court Attendance Notice (CAN): Police issue a CAN for court.
- Bail Application: If arrested, a lawyer applies for bail (Bail Act 2013).
- Court Mention: Enter a plea (guilty/not guilty). Guilty pleas may proceed to sentencing; not guilty pleas schedule a hearing.
- Hearing or Sentencing:
- Not Guilty: The court examines evidence to determine guilt.
- Guilty/Convicted: The magistrate considers mitigation for section 10.
- Appeals: Challenge outcomes in the District Court within 28 days.
Example: A driver pleads guilty to low-range PCA, presents TOIP evidence, and secures a section 10 dismissal.
Steps to Get a Section 10 for a Traffic Offence
- Review the Charge: Understand the offence and penalties via the CAN.
- Engage a Lawyer: Contact Nicopoulos Sabbagh Lawyers at info@nslaw.net.au for a free consultation.
- Gather Evidence: Collect references, apology letter, TOIP certificate, and hardship proof.
- Complete TOIP: Enrol and finish the program before court.
- Decide on Plea: Plead guilty with mitigation or not guilty with defences.
- Attend Court: Present your case with lawyer support.
- Appeal if Denied: Challenge in the District Court within 28 days.
- Comply with Outcomes: Follow CRO conditions if granted.
Why Choose Nicopoulos Sabbagh Lawyers?
We offer:
- Specialised Expertise: Deep knowledge of the Crimes (Sentencing Procedure) Act 1999 and Road Transport Act 2013.
- Proven Results: Securing section 10 dismissals and charge reductions across Sydney courts, including Parramatta, Liverpool, and Campbelltown.
- Court Navigation: Expertise in managing cases amidst disruptions, such as the Downing Centre Local Court closure until late 2025.
- 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 consultation.
Don’t let a traffic offence derail your future. Our Sydney criminal lawyers and traffic law specialists will fight tirelessly to secure a section 10 dismissal and protect your driving privileges.
Conclusion
Obtaining a section 10 dismissal for a traffic offence in NSW can help you avoid a conviction, licence disqualification, and demerit points, preserving your record and future opportunities. By gathering strong evidence like character references, TOIP certificates, and hardship proof, and presenting a compelling case in court, you can increase your chances of success. At Nicopoulos Sabbagh Lawyers, we leverage our expertise to deliver tailored strategies, ensuring your rights are safeguarded. Whether facing drink driving, speeding, or negligent driving charges, our team is here to guide you through the 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 achieve a section 10 dismissal and the best possible result in NSW courts.
Why Choose Nicopoulos Sabbagh Lawyers Criminal Lawyers & Traffic Lawyers YOUR Leading Sydney Criminal Defence & 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 of 25th August 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