Traffic offences in New South Wales (NSW) are often perceived as minor infractions, but certain violations can result in a criminal record, carrying long-lasting consequences for employment, travel, and insurance premiums. A criminal record can significantly impact your life, making it critical to understand which traffic offences pose this risk and how to mitigate their consequences. From drink driving to dangerous driving, these offences are enforced rigorously under the Road Transport Act 2013 and other legislation, reflecting NSW’s commitment to road safety under the Road Safety Plan 2021. At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we specialise in criminal law and traffic law, providing expert legal representation to defend clients against traffic offences in Sydney. As leading Sydney criminal lawyers and traffic law specialists, we are dedicated to achieving the best possible outcome in NSW courts, including non-conviction outcomes to avoid a criminal record.
In this comprehensive guide, we explore traffic offences that can lead to a criminal record in NSW, detailing the legal framework, specific offences, penalties, defences, and practical steps to take if charged.
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.
Legal Framework for Traffic Offences in NSW
Traffic offences in NSW are primarily governed by the Road Transport Act 2013, Road Rules 2014, and Crimes Act 1900, with enforcement by NSW Police through random breath testing (RBT), mobile drug testing (MDT), speed cameras, and automated number plate recognition (ANPR). While minor offences (e.g., low-level speeding) are handled via penalty notices with fines and demerit points, serious offences are prosecuted in the Local Court and may result in a criminal record under the Criminal Records Act 1991. A criminal record remains for 10 years for adults (3 years for juveniles) unless spent or a non-conviction outcome is secured under section 10, Crimes (Sentencing Procedure) Act 1999.
A criminal record is recorded when:
- A court convicts you of a traffic offence classified as a criminal matter.
- The offence carries penalties like imprisonment or mandatory disqualification.
- You fail to secure a section 10 dismissal or Conditional Release Order (CRO).
Cases are typically heard in the Local Court (e.g., Parramatta, Liverpool, Campbelltown & Downing Centre Local Court).
The Road Safety Plan 2021 has intensified enforcement, with over 5 million RBTs and 200,000 MDTs annually, increasing the likelihood of serious charges.
Example: A driver convicted of high-range drink driving faces a criminal record, impacting their job as a security officer unless a section 10 dismissal is granted.
Traffic Offences That Can Lead to a Criminal Record
Several traffic offences in NSW can result in a criminal record due to their severity, potential for harm, or classification as criminal matters. Below are the key offences:
1. Drink Driving (Prescribed Concentration of Alcohol, PCA)
- Legislation: Section 110, Road Transport Act 2013.
- Offences:
- Novice/Special Range: BAC > 0.00 for learner, P1/P2, or special drivers (e.g., taxi).
- Low Range: BAC 0.05–0.079 for full licence holders.
- Mid Range: BAC 0.08–0.149.
- High Range: BAC ≥ 0.15.
- Penalties (as of August 22, 2025, one penalty unit = $110):
- Low-Range PCA (First Offence): $2,200 fine, 6-month disqualification (minimum 3 months), 3 demerit points.
- Mid-Range PCA (First Offence): $3,300 fine, 9 months imprisonment, 12-month disqualification (minimum 6 months), mandatory interlock (~$2,200–$2,500/year).
- High-Range PCA (First Offence): $3,300 fine, 18 months imprisonment, 3-year disqualification (minimum 12 months), interlock.
- Criminal Record: Convictions remain for 10 years (3 for juveniles) unless a section 10 dismissal is secured.
- Example: A mid-range PCA conviction adds a criminal record, affecting a teacher’s Working With Children Check.
2. Driving Under the Influence (DUI) of Alcohol or Drugs
- Legislation: Section 112, Road Transport Act 2013.
- Description: Driving while impaired by alcohol or drugs (prescription or illicit) without a specific BAC or drug concentration, based on police observations (e.g., erratic driving).
- Penalties (First Offence): $3,300 fine, 18 months imprisonment, 3-year disqualification (minimum 12 months).
- Criminal Record: Convictions are recorded unless a section 10 dismissal is granted.
- Example: A driver impaired by prescription opioids faces a DUI charge, risking a criminal record.
3. Drug Driving
- Legislation: Section 111, Road Transport Act 2013.
- Description: Driving with illicit drugs (e.g., THC, methylamphetamine, MDMA, cocaine) in your system, detected via MDT or blood/urine tests.
- Penalties (First Offence): $2,200 fine, 6-month disqualification (minimum 3 months).
- Criminal Record: Convictions are recorded, particularly if prosecuted in court.
- Example: A driver testing positive for THC faces a criminal record, impacting their job as a courier.
4. Dangerous Driving
- Legislation: Section 52A, Crimes Act 1900.
- Description: Driving causing death or grievous bodily harm due to speed, intoxication, or recklessness.
- Penalties:
- Dangerous Driving Occasioning Death: Up to 7 years imprisonment, 3-year disqualification (minimum 12 months).
- Dangerous Driving Occasioning Grievous Bodily Harm: Up to 5 years imprisonment, 2-year disqualification (minimum 12 months).
- Criminal Record: Always recorded due to the offence’s severity under the Crimes Act.
- Example: A driver speeding 30 km/h over the limit causes a fatal accident, receiving a 5-year sentence and criminal record.
5. Negligent Driving
- Legislation: Section 117, Road Transport Act 2013.
- Description: Driving without due care, causing death, grievous bodily harm, or minor injury.
- Penalties:
- Causing Death: $3,300 fine, 18 months imprisonment, 3-year disqualification (minimum 12 months).
- Causing Grievous Bodily Harm: $2,200 fine, 9 months imprisonment, 12-month disqualification (minimum 6 months).
- No Harm: $1,100 fine, no imprisonment, discretionary disqualification.
- Criminal Record: Recorded for death or grievous bodily harm unless a section 10 dismissal is granted.
- Example: A driver distracted by their phone causes a serious accident, facing a criminal record.
6. Driving While Suspended or Disqualified
- Legislation: Section 54, Road Transport Act 2013.
- Description: Driving after a court-ordered disqualification or TfNSW suspension.
- Penalties (First Offence): $3,300 fine, 6 months imprisonment, 12-month disqualification (minimum 3 months).
- Criminal Record: Recorded unless a section 10 dismissal is secured.
- Example: A driver caught driving during a PCA suspension faces a criminal record, affecting their visa application.
7. Refusing a Breath or Drug Test
- Legislation: Section 15 (Breath), Section 18E (Drug), Road Transport Act 2013.
- Description: Refusing a lawful RBT or MDT request.
- Penalties (First Offence): $3,300 fine, 18 months imprisonment, 3-year disqualification (minimum 12 months).
- Criminal Record: Recorded unless a section 10 dismissal is granted.
- Example: A driver refusing an RBT faces a criminal record, impacting their professional licence.
8. Excessive Speeding (>45 km/h Over Limit)
- Legislation: Rule 20, Road Rules 2014.
- Description: Driving more than 45 km/h above the speed limit.
- Penalties (First Offence): $2,574 fine (or $3,300 in court), 6-month suspension, 6 demerit points.
- Criminal Record: Recorded if prosecuted in court, particularly with aggravating factors (e.g., school zone).
- Example: A driver speeding 90 km/h in a 40 km/h zone faces a criminal record after court conviction.
Consequences of a Criminal Record
A criminal record for traffic offences has significant impacts:
- Employment: Bars roles requiring background checks (e.g., teaching, security, Working With Children Check).
- Travel: Countries like the USA or Canada may deny entry for convictions, even if spent (Criminal Records Act 1991).
- Insurance: Higher premiums or policy denials.
- Licensing: Affects Driver Authority for professional drivers (Passenger Transport Act 1990).
- Civil Liability: Accidents risk lawsuits (Civil Liability Act 2002).
Duration: Convictions remain for 10 years (adults) or 3 years (juveniles) unless spent through a crime-free period or a section 10 dismissal is granted.
Example: A high-range PCA conviction prevents a driver from obtaining a US visa for 10 years unless spent.
Avoiding a Criminal Record: Section 10 Dismissal
A section 10 dismissal or Conditional Release Order (CRO) under the Crimes (Sentencing Procedure) Act 1999 allows the court to dismiss a charge without recording a conviction, avoiding a criminal record. Courts consider:
- Offence Severity: Minor offences (e.g., low-range PCA) are more likely to qualify.
- Character: Clean or minimal criminal/traffic record.
- Extenuating Circumstances: Emergency or misjudgment.
- Mitigation: Remorse, Traffic Offender Intervention Program (TOIP) completion ($150–$200), or hardship (e.g., job loss).
Process:
- Plead guilty, present mitigation (e.g., TOIP certificate, references).
- Outcomes: Section 10(1)(a) dismissal (no conditions) or section 10(1)(b) CRO (good behaviour bond up to 2 years).
Challenges: Serious offences (e.g., dangerous driving, high-range PCA) reduce section 10 chances due to public safety concerns (Road Safety Plan 2021).
Example: A first-time low-range PCA offender secures a section 10 dismissal with TOIP, avoiding a criminal record.
Defences to Traffic Offences
A Sydney criminal defence lawyer can raise defences to avoid a conviction and criminal record:
- Unlawful Testing: Breath or drug tests conducted improperly (section 14, Road Transport Act 2013; section 36, LEPRA).
- Testing Errors: Faulty breathalyser, MDT, or speed camera.
- Mistaken Identity: You were not the driver (section 9, Criminal Procedure Act 1986).
- Necessity/Duress: Driving to avoid harm or under coercion.
- Unlawful Evidence: Exclude illegally obtained evidence (section 138, Evidence Act 1995).
Steps to Take if Charged with a Traffic Offence
- Review the Charge: Check the Court Attendance Notice (CAN) or penalty notice for accuracy.
- Cease Driving if Suspended: Avoid further charges (section 54).
- Engage a Lawyer: Contact Nicopoulos Sabbagh Lawyers at info@nslaw.net.au or 0427 101 499.
- Gather Evidence:
- Character references (2–3 signed letters).
- Apology letter expressing remorse.
- TOIP certificate ($150–$200).
- Hardship evidence (e.g., employer letter proving job loss risk).
- Medical/technical reports (if applicable).
- Traffic record from Service NSW.
- Complete TOIP: Enrol before sentencing for mitigation.
- Decide on Plea: Plead guilty for mitigation or not guilty to contest.
- Request a Review: For penalty notices, submit to Revenue NSW within 60 days (Fines Act 1996).
- Attend Court: Present your case in the Local Court.
- Appeal if Necessary: Challenge convictions in the District Court within 28 days (Crimes (Appeal and Review) Act 2001).
Court Process for Traffic Offences
Cases are typically summary matters in the Local Court:
- Arrest or CAN: Police issue a CAN or arrest you (section 99, LEPRA).
- Bail Application: If arrested (e.g., high-range PCA), apply for bail (Bail Act 2013).
- Court Mention: Enter a plea. Guilty pleas may proceed to sentencing; not guilty pleas schedule a hearing.
- Hearing or Sentencing:
- Not Guilty: The court reviews evidence (e.g., breath analysis, police statements).
- Guilty/Convicted: The magistrate considers section 10 or imposes penalties.
- Appeals: Challenge in the District Court within 28 days.
How a Sydney Traffic Lawyer Helps
At Nicopoulos Sabbagh Lawyers, we:
- Assess Defences: Identify testing errors or section 10 eligibility.
- Gather Evidence: Compile TOIP certificates, references, and hardship proof.
- Negotiate Pleas: Reduce charges or secure dismissals.
- Secure Favourable outcomes: Advocate for section 10 dismissals or CROs.
- Appeal Outcomes: Challenge convictions in the District Court.
Example: We secured a section 10 dismissal for a low-range PCA offender, avoiding a criminal record.
Why Choose Nicopoulos Sabbagh Lawyers?
We offer:
- Specialised Expertise: In-depth knowledge of the Road Transport Act 2013 and Crimes Act 1900.
- Proven Results: Securing dismissals and non-conviction outcomes.
- Ethical Representation: Adhering to Legal Profession Uniform Law (NSW).
- Accessible Support: Contact us at info@nslaw.net.au, 0427 101 499, or www.nslaw.net.au.
Conclusion
Traffic offences like drink driving, drug driving, and dangerous driving can lead to a criminal record in NSW, impacting your life for up to 10 years. By engaging expert legal representation and pursuing defences or section 10 dismissals, you can avoid these consequences. At Nicopoulos Sabbagh Lawyers, our Sydney criminal lawyers and traffic law specialists provide dedicated support to protect your record and driving privileges. Contact us today at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au for assistance.
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*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.