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Penalties & Sentencing


Traffic offences in New South Wales can attract a wide range of penalties including fines, terms of imprisonment and periods of disqualification from driving.

Annulment Of Fines And Penalties

Many people who receive a traffic ticket or other infringement notice simply accept responsibility and pay the fine or penalty amount. Sometimes people will want to contest the matter in court. In other cases people do not receive the correspondence, it gets lost or something else intervenes to prevent them from finalising the penalty notice in time. If an infringement is not finalised in time, then Revenue NSW, (formerly known as the State Debt Recovery Office or SDRO) may take enforcement action and issue an enforcement order.

Demerit Points

A driver who has not committed any offences has zero demerit points. When you commit an offence that carries demerit points, the points are added to your record. If you incur the threshold number of demerit points within a three-year period, a licence suspension or refusal is applied.

Drink Driver Education Programs

Drink driver education programs are programs that are designed to inform the public about the risks of driving while intoxicated by alcohol or another drug. These programs can be completed at a person’s own initiative, after a person has been charged with an offence but before they have been sentenced or as part of a sentence imposed by a court.

Good Behaviour Licence

Transport for New South Wales is responsible for the administration of driver licences in NSW. The agency has, amongst a wide variety of other powers, the power to issue, renew, cancel and suspend driver licences. It also has the power to issue a Good Behaviour Licence when a driver exceeds the maximum demerit points.

Guideline Judgment for High Range PCA

On 8 September 2004 the New South Wales Court of Criminal Appeal delivered a guideline judgment concerning the offence of high range PCA (Prescribed Concentration of Alcohol.)

The court held that there were sufficient grounds set out by the Attorney-General to issue a guideline judgment concerning high range PCA.

Immediate Licence Suspensions

A police officer has the power to issue an immediate notice of suspension when giving a person a penalty notice or a Court Attendance Notice for certain offences. This page outlines when an immediate suspension can be given, the requirements for its issue, and what you can do to get your licence back.

Mandatory Interlock Orders

In NSW, courts are required to make Mandatory Interlock Orders upon conviction of certain drink drive and traffic offences. If you commit one of the offences and are convicted, you will be disqualified from driving and ordered to install an interlock device in your car, motorbike or truck.

Interlock Exemption Orders

In NSW, any person charged with a drink-drive offence (other than a novice, special or low-range as a first offence), will receive a Mandatory Interlock Order upon conviction. However, it is not always possible for someone to comply with the Interlock program, and failure to do so when a mandatory interlock order is made will mean that the person’s licence is disqualified for 5 years. To avoid this situation, the courts are empowered to make an interlock exemption order. The effect of such an order is that the person does not have to engage in the interlock program. This article outlines when interlock exemption orders can be made in NSW. 

Mandatory Interlock Orders

In NSW, courts are required to make Mandatory Interlock Orders upon conviction of certain drink drive and traffic offences. If you commit one of the offences and are convicted, you will be disqualified from driving and ordered to install an interlock device in your car, motorbike or truck.

P1, P2 and Learner Licence Suspensions

A llicence suspension can take a toll on the whole family, especially when parents would spend their evenings and weekends driving their teenage children to and from school, sports and social engagements.

Penalties for High Range Drink Driving

In New South Wales, offences of high range drink driving are taken very seriously by the courts. This article outlines the penalties that apply to high range drink driving offences in New South Wales.

Quashing a Habitual Traffic Offender Declaration

In NSW up until October 2017, when a driver received a criminal conviction for a serious driving offence, and in the 5 years prior to the offence had been convicted of 2 or more serious driving offences, they would be declared a ‘Habitual Traffic Offender’. The effect of a Habitual Traffic Offender Declaration (HTOD) was that Transport for NSW would impose a further five-year licence disqualification, on top of any period of disqualification imposed by the court.

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