Traffic & Driving Offence Lawyers Serving Nowra, Batemans Bay, the Southern Highlands, and Queanbeyan

Being charged with a driving offence can have serious consequences, including licence disqualification, heavy fines, criminal records, increased insurance costs, and in some cases imprisonment. Many traffic matters are more serious than people expect, particularly if they involve drink driving, drug driving, dangerous driving, or driving while suspended.

At Douglass & Ford, we provide experienced representation for all traffic and driving offences across New South Wales. With over 20 years of combined experience, our defence lawyers understand how to minimise penalties, protect your licence where possible, and help you keep your livelihood on the road.

How our driving offence lawyers can help you

We understand that losing your licence can impact your job, family, and daily life. Our priority is to reduce the impact of driving charges through:

• Detailed review of police evidence: We examine police procedure, breath and drug testing records, speed detection devices, and body-worn footage for errors or inconsistencies.
• Licence protection strategies: We focus on avoiding or reducing disqualification periods wherever possible, especially for professional drivers.
• Negotiating charge reductions: We may be able to reduce more serious charges (such as dangerous driving) to lesser offences with lower penalties.
• Court representation: We appear in court on your behalf, presenting strong submissions to reduce fines, avoid convictions, or minimise disqualification periods.
• Special hardship applications: Where eligible, we assist with applications to retain a restricted licence for work purposes.
• Legal Aid assistance: We assist eligible clients through Legal Aid for more serious traffic matters.

What constitutes a driving offence?

In New South Wales, driving offences cover a wide range of conduct, from minor speeding infringements to serious criminal offences involving risk to life.

Common driving offences include:

• Drink driving (PCA offences – low, mid, and high range)
• Drug driving
• Driving while suspended or disqualified
• Dangerous or reckless driving
• Speeding and high-range speeding offences
• Negligent driving
• Using a mobile phone while driving
• Unlicensed driving
• Refusing breath or drug testing

Some offences are criminal and may result in a conviction, while others are traffic infringements with fines and demerit points.

Types of penalties for driving offences

Penalties vary depending on the offence type and severity:

• Fines: Common for lower-level traffic offences and infringements
• Demerit points: Accumulation may result in suspension of your licence
• Licence disqualification: Mandatory for many serious offences such as drink driving or dangerous driving
• Section 10 (non-conviction): In some cases, the court may find you guilty but not record a conviction
• Interlock orders: Mandatory for many drink driving offences requiring installation of a breath testing device
• Community Correction Orders (CCO): May include supervision or treatment programs
• Imprisonment: Reserved for serious offences such as dangerous driving causing death or grievous bodily harm

Factors the court considers in driving offences

When sentencing, the court will consider:

• Your blood alcohol concentration (if applicable)
• Whether drugs were involved
• Speed and manner of driving
• Whether anyone was injured or placed at risk
• Your driving history and prior offences
• Whether you rely on your licence for work or family responsibilities
• Early guilty plea and remorse
• Character references and rehabilitation steps

Common driving offences and penalties in NSW

Legal defences to driving offences

Depending on the circumstances, you may have a valid defence, including:

• Honest and reasonable mistake: You were genuinely unaware of a relevant fact (e.g. licence status).
• Faulty testing or police procedure: Breath or drug testing equipment was not properly calibrated or procedures were not followed correctly.
• Necessity: You drove to avoid immediate danger or serious harm.
• No actual driving proven: The prosecution cannot prove you were the driver.
• Medical or exceptional circumstances: In rare cases, medical issues may impact responsibility or sentencing.