Traffic Law
Specialist Traffic and Drink Driving Lawyers Serving Nowra, Batemans Bay, the Southern Highlands, and Queanbeyan
Facing a drink driving charge or a serious traffic offence in New South Wales is a high-stakes situation. For many, a driver’s licence is not just a convenience; it is a requirement for employment, family commitments, and daily life. The penalties for traffic violations are severe and often include mandatory disqualification periods, heavy fines, or even imprisonment. If your livelihood depends on your ability to drive, securing an expert traffic lawyer is the most critical step you can take.
At Douglass & Ford, we provide sophisticated legal representation for all traffic-related matters. With over 20 years of combined experience, our solicitors understand the local court systems and the nuances of the Road Transport Act. We work meticulously to examine police evidence, challenge breath analysis procedures, and present compelling submissions to minimise your disqualification period or avoid a conviction entirely.
How our traffic lawyers can help you
We understand the stress and uncertainty that follows a traffic charge. Our priority is to protect your licence and your future through:
- Explaining Your Options: We provide a comprehensive review of the police facts and forensic evidence, explaining the strengths and weaknesses of your case in plain English.
- Strategic Sentencing Submissions: We prepare the subjective evidence—including character references and proof of rehabilitation—needed to argue for a Section 10 non-conviction, which allows you to keep your licence.
- Challenging Forensic Evidence: We scrutinise the accuracy of breathalysers (MAS) and blood test results to ensure the prosecution can prove the alleged alcohol or drug concentration beyond a reasonable doubt.
- Licence Appeals: We specialise in appealing RMS suspensions for speeding or demerit point accumulation, working to keep you on the road so you can maintain your employment.
- Interlock Program Guidance: We advise on the mandatory Alcohol Interlock Program, helping you navigate the technical and legal requirements to regain your licence as soon as possible.
- Applying for Legal Aid: We are proud members of the relevant criminal law panels, ensuring that expert traffic representation is available to those who need it most.
Our Traffic Law Services
Our specialists provide a robust defence for the full spectrum of road transport allegations:
- Drink Driving (PCA): Expert help for Low, Mid, and High-Range Prescribed Concentration of Alcohol (PCA) charges.
- Drug Driving: Representation for “Presence of Prohibited Drug” and “Driving Under the Influence” (DUI) matters.
- Unlicensed & Disqualified Driving: Strong advocacy for those caught driving while suspended, cancelled, or disqualified.
- Dangerous & Reckless Driving: Defending serious charges involving high-speed pursuits or conduct that puts the public at risk.
- Negligent Driving: Including “Negligent Driving Occasioning Death or Grievous Bodily Harm”, which requires a high-level criminal defence.
- Habitual Offender Declarations: Working to quash or reduce long-term “Habitual Offender” status.
Penalties for Traffic Offences in NSW
The courts treat traffic safety with extreme gravity. Depending on the seriousness of the offence, penalties may include:
- Mandatory Disqualification: Most drink driving offences carry a minimum period where you are legally barred from driving.
- Alcohol Interlock Orders: A requirement to install a breath-testing device in your vehicle at your own expense.
- Intensive Correction Orders (ICO): For repeat offenders or dangerous driving, a prison sentence served in the community.
- Substantial Fines: Financial penalties that scale with the severity of the offence.
- Criminal Record: Unlike minor speeding tickets, major traffic offences result in a permanent criminal record unless a non-conviction is secured.
Factors the Court Considers
When sentencing for a traffic offence, the Magistrate will examine:
- The Reading: How far over the limit was the alcohol or drug concentration?
- The Manner of Driving: Was there an accident, or was the driving otherwise dangerous?
- The Reason for Driving: Was there an emergency, or was the journey unnecessary?
- Your Driving History: Have you committed similar offences in the past ten years?
- Need for a Licence: How will a disqualification impact your job or your ability to care for others?
Get Expert Legal Advice on Your Traffic Matter
Don’t risk a long-term disqualification by going to court unprepared. Whether you need to appeal a suspension or defend a high-range PCA charge, our team is ready to assist.
Suburbs we serve
Protecting your safety and interests is our immediate priority. We provide urgent and expert representation for all AVO matters (both applicant and defendant) in local and district courts across the following regions:
Nowra & Shoalhaven
- North Nowra
- South Nowra
- Bomaderry
- Worrigee
- Berry
- Gerringong
- Shoalhaven Heads
- Vincentia
Southern Shoalhaven
- Sanctuary Point
- St Georges Basin
- Ulladulla
- Milton
Batemans Bay & Eurobodalla
- Batehaven
- Catalina
- Nelligen
- Mogo
- Malua Bay
- Broulee
- Moruya
- Narooma
Southern Highlands
- Bowral
- Mittagong
- Moss Vale
- Bundanoon
- Robertson
- Berrima
- Hill Top
Queanbeyan & Monaro
- Jerrabomberra
- Googong
- Bungendore
- Braidwood
- Cooma
- the surrounding Snowy Monaro district
Do you need legal assistance?
Our team is ready to assist you.
Frequently asked questions
Can I get a "Work Licence" in NSW?
No. Unlike some other states, New South Wales does not have “extraordinary” or “work” licences. If you are disqualified, you cannot drive for any reason. This makes fighting for a Section 10 non-conviction essential if you need to drive for work.
What is a Section 10 non-conviction for drink driving?
A Section 10 (now often a Conditional Release Order without conviction) means the court finds you guilty but chooses not to record a conviction. If you receive this, you will not be disqualified and will not have a criminal record for the offence.
Will I go to jail for a first-time Mid-Range drink driving charge?
While imprisonment is a possible penalty, it is unlikely for a first-time offender with a clean record and no aggravating factors such as an accident. However, the mandatory disqualification and Interlock requirements will still apply unless the court is persuaded otherwise.
What is the "Ten Year Rule" in traffic law?
If you have not had a major traffic offence in the last ten years, the court generally treats your current matter as a “first offence”, which often leads to more lenient penalties.
Can I appeal a licence suspension from the Police or RMS?
Yes. You can often appeal a suspension to the Local Court. We can represent you to argue that the suspension is excessive or that you have an exceptional need for your licence, such as being a professional driver or having specific medical requirements.
What is the Alcohol Interlock Program?
For certain mid and high-range offences, you must serve a short disqualification period followed by a period (usually 12 to 24 months) where you can only drive a vehicle fitted with an Interlock device. We can advise you on how to apply for an exemption if you have specific medical or financial hardships.
What happens if I am caught driving while my licence is suspended?
Driving while suspended or disqualified is a very serious offence in NSW. It often results in an automatic further disqualification period and can lead to imprisonment for repeat offenders. If you have been caught, you should seek legal advice immediately to prepare a defence or a plea in mitigation.
Can I challenge a roadside drug test result?
Roadside “lick tests” are known to produce false positives. If your secondary laboratory test also comes back positive, we can examine the procedure used by the police to ensure it complied with legal standards. We also advise on “medicinal cannabis” defences and how they apply under current NSW legislation.
What is the difference between "Driving Under the Influence" (DUI) and PCA?
PCA (Prescribed Concentration of Alcohol) is based purely on your breath or blood analysis reading. DUI is a more subjective charge where the police must prove your driving was actually impaired by alcohol or drugs, often based on witness statements or your physical behaviour at the time.
How do demerit point suspensions work for unrestricted drivers?
If you reach or exceed 13 demerit points within a three-year period, the RMS will issue a Notice of Suspension. While unrestricted drivers generally cannot appeal a demerit point suspension in court, you may be eligible to apply for a “Good Behaviour Election” (the double-or-nothing rule). We can help you understand your eligibility for this option.
Can the court reduce my mandatory disqualification period?
Every drink driving offence has a “mandatory” and a “maximum” disqualification period. The court cannot go below the mandatory minimum unless they grant a Section 10 non-conviction. Our role is to provide the court with enough evidence to convince them that the minimum period (or no disqualification at all) is the most appropriate outcome.
Does a traffic conviction affect my insurance?
Yes. Most insurance companies require you to disclose any criminal convictions or licence disqualifications. This can lead to significantly higher premiums or a refusal to provide cover. Avoiding a conviction record is the best way to protect your insurance status