Traffic Offences & Licence Issues – Know Your Rights & Options

What We Cover in Traffic Law

Understanding Traffic Offences & Your Legal Options

Dealing with traffic law matters—whether it is a fine, a licence suspension, or a serious charge like drink or drug driving—can be stressful and confusing. In New South Wales, traffic offences come with strict penalties, including fines, loss of licence, or even imprisonment. Knowing your rights and options can make a significant difference in your case. 

At Caspian Legal, we provide clear, step-by-step guidance to help you understand your legal position, your chances of success, and how to move forward with confidence. 

 

Driving Under the Influence (DUI) – What You Need to Know 

A DUI (Driving Under the Influence) is an offence under s 112 of the Road Transport Act 2013 (NSW). It occurs when a person drives or attempts to drive a vehicle while under the influence of alcohol or drugs. 

Key Facts About a DUI Charge:

🚨 No Need for a Blood Alcohol Reading – Unlike drink driving charges, DUI offences can be based solely on police observations of your behaviour (speech, movement, smell, etc.). 
🚨 Severe Penalties – A DUI conviction carries penalties equal to high-range drink driving, including possible imprisonment and long periods of licence disqualification. 
🚨 Broad Definition of ‘Vehicle’ – DUI laws cover not just cars, but motorbikes, skateboards, scooters, bicycles, and even bulldozers. 

Possible Defences to a DUI Charge: 
✔️ Police Failed to Follow Correct Testing Procedures – If you have already completed a breath analysis test, you cannot be charged with DUI for alcohol. 
✔️ Medical Evidence Showing No Intoxication – A private blood test or expert pharmacological report may help dispute the charge. 
✔️ Honest & Reasonable Mistake – If you unknowingly consumed alcohol or drugs, this could be used in exceptional circumstances. 

Licence Suspensions & Disqualifications – Your Legal Options

🚦 What Causes a Licence Suspension? 

  • Your driver’s licence can be suspended for reasons such as: 
  • Exceeding demerit points 
  • Drink or drug driving 
  • Speeding & hoon offences 
  • Unpaid fines 
  • Medical conditions 

🚦 Difference Between Suspension & Disqualification 

  • A suspension is temporary, and you do not need to reapply for your licence once it ends. 
  • A disqualification is imposed by a court, and you must apply for a new licence after the disqualification period. 

🚦 Appealing a Licence Suspension 
If you receive a suspension notice from Police or Transport for NSW (TfNSW), you may be able to appeal in court. Key points to know: 

  • Police suspensions take effect immediately (on-the-spot or within 48 hours). 
  • TfNSW suspensions can be appealed before they start (except for full licence holders exceeding 13 demerit points). 
  • Appealing puts the suspension on hold until the court decides. 

💡 If you need to challenge a suspension, act quickly. Appeals must be filed within strict time limits! 

Drink & Drug Driving Charges – Know Your Rights

New South Wales has strict laws on drink and drug driving, with automatic disqualification periods and interlock orders for certain offences. We can assist with: 

How We Can Help You

  1. At Caspian Legal, we offer experienced legal representation for all traffic law matters. Our approach is clear, practical, and tailored to your situation. We will: 
    🔹 Assess Your Case – Review your options and advise on possible defences. 
    🔹 Prepare Your Legal Strategy – Whether it is an appeal, defence, or negotiation, we will build the best case for you. 
    🔹 Represent You in Court – We handle the legal process, ensuring you get the best outcome possible. 

     

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Contact Us Today

Need help with a traffic law matter? Book a $99 half-hour consultation with Caspian Legal today. Our team is ready to protect your licence and your future. 🚗⚖️