<- back to Criminal and Traffic Law

• Drink Driving/Driving under the Influence
• Dangerous Driving
• Negligent, Furious or Reckless Driving
• Speeding Offences & Fines
• Driving Whilst Disqualified
• Driving Without a Licence
• All Other Traffic Infringements Matters

Drink Driving/Driving under the Influence

This offence is contained under section 12 of the Road Transport (Safety and Traffic Management) Act 1999 (NSW). It provides that a person is guilty of this offence if a person drives or occupies the drivers' seat of motor vehicle and is under the influence of a drug or alcohol. There is an automatic disqualification period pursuant to section 188 of the Road Transport (General) Act 2005 (NSW) if a person is convicted of driving under the influence.

Negligent, Furious or Reckless Driving

It is an offence under section 42 of the Road Transport (Safety and Traffic Management) Act 1999 (NSW) for a person to drive negligently, furiously, recklessly or at a speed or in a manner dangerous to the public. Different penalty units and imprisonment terms apply to first and habitual offenders.

Speeding Offences & Fines

The following table shows the fixed penalty notice fines and demerit points that can be imposed by the RTA as at 1 July 2010.

Please note that the above information may be subjected to change in the future. Further, different penalties apply if convicted by a court.

Driving Whilst Disqualified

Section 25A of the Road Transport (Driver Licensing) Act 1998 (NSW) provides that it is an offence to drive whilst the person is disqualified from driving or that their licence is suspended or cancelled.

Driving Without a Licence

Section 25 of the Road Transport (Driver Licensing) Act 1998 (NSW) provides that a person must not drive unless they are licensed. A person found guilt of this offence may be ordered to pay a fine and/or be imprisoned.

Case Studies, Outcomes and Testimonies

1. DDP v H

H was charged with four counts of sexual assault. H strongly denied that he sexually assaulted the woman. The matter proceeded to a full hearing at the District Court of New South Wales. Extensive evidence was taken by the Court over a 11 day period. The central issue in this case was the issue of consent.

We extensively prepared our client's case and he was acquitted by the jury within half an hour of the jury entering into deliberations.

"Once again, thank you very much for everything you have done for me and my court case, I could never thank you enough. I can never show you both how much I really appreciated the time and effort you spent on my case."

2. Police v G

When your life depends on your licence

Our client was charged with driving with low range PCA. She was facing conviction and disqualification of her licence. At Calabrese Lawyers, we understand that loosing your licence is a serious matter especially when it is required for work.

Having pleaded guilty at first available opportunity, attended and completed the traffic Offenders Program and presented character references as to her positive character, she was found guilty but no conviction entered. Instead she received a Section 10 good behaviour bond for a period of12 months. Because having a licence was extremely important to our client, the result we obtained was an exceptional outcome for her as she was allowed to continue to drive during the 12 month period.

Her gratefulness for our dedicated legal services we provided still continues to this day. This is what our client had to say:

"I am very relieved and forever grateful for all you have done for me."

3. Police v D

Domestic violence resulting in reckless wounding

This was a very serious case which involved an apprehended violence order, domestic violence and one count of reckless wounding her husband being laid against our client pursuant to section 35(4) of the Crimes Act 1900 (NSW).

But after a full's day trial, the case all came down to whether the prosecution had established their case beyond reasonable doubt. The prosecution managed to establish that our client had wounded the victim but failed to show that our client had acted 'recklessly' within the ordinary meaning of the term. Factors which led to the Magistrate's decision included the evidence presented by Joe Calabrese in relation to the fear of physical assault by the victim towards our client and the way in which the victim gave evidence especially when he was cross-examined by Mr Calabrese.

4. Greg Heathcote's Testimony

Greg is a specialised Criminal Law Barrister at Garfield Barwick Chambers. He has extensive knowledge in all areas of criminal law and has represented many clients in trials by Judge and Jury in the Supreme Court & District Court of New South Wales to all Local Court matters.

Having retained Greg for many of our clients, the following illustrates his compliments for our professional services:

"I would like to sincerely thank you for your assistance in this matter, without which the result would probably have gone the other way. Clients often see the barrister for the work in Court and when the client is found Not Guilty the thanks of the client and his supporters often go to the barrister and the contribution of the solicitor is not properly acknowledged. In this case, without your preparation and assistance there probably would have been a different result."

Greg's details can be found at:

http://8gbc.barnet.com.au/index.php?option=com_content&view=article&id=49&Itemid=64