A “second or subsequent offence” means that the maximum penalties that apply to a new traffic charge will be more serious. However, the previous offence must have occurred within the last 5 years. In addition, the prior offence needs to be an “equivalent offence”, or a “major offence”.
The provision is defined in the Road Transport Act 2013 (NSW).
We have included some further details below. However, for detailed advice on your circumstances, contact us on 0421 700 497 for a free initial consultation.
How do I know if I’ve been charged with a second or subsequent offence?
The Court Attendance Notice provided to you by police will usually include whether the charge is a second offence. In addition, it can be confirmed by your traffic record.
Examples:
Some examples of circumstances where this provision will apply include:
- A drink driving charge, and you have a previous conviction for a drink driving charge, a drug driving charge, or a driving while disqualified charge in the last 5 years
- A driving while disqualified charge, and you have a previous conviction for driving while suspended in the last 5 years
- A driving with an illicit drug present in your blood charge, and you have a prior conviction for drink driving or drug driving in the last 5 years
- A drink driving charge, and you have a prior conviction for negligent driving occasioning grievous bodily harm
We can help
Our experienced traffic lawyers regularly appear in in courts throughout Newcastle, Sydney and New South Wales. Our commitment is to help you get your licence back as soon as possible.
Contact us today on 0421 700 497 for a free initial consultation.
