Traffic Law Archives - Page 2 of 4 -

Appealing a Police Suspension

If you’ve received an immediate notice of suspension from the Police, you have two options. We can help you decide whether appealing the police suspension, or electing the traffic infringement, is the best option for you.

Why has the Police suspended my licence?

The most common reasons why the Police suspend your licence include:

If you’ve been charged with a drink driving offence (PCA)
Exceeding the speed limit by more than 45km/h

The suspension will be in place for a set period of time, or until a court determines the matter.

Alternatively, it is possible for the RMS to appeal your licence. Read our article for more information.

Can I appeal a police suspension?

Yes.

However, it’s difficult to be successful. This is because the test that the court applies is whether there are ‘exceptional circumstances’ to lift the immediate licence suspension.

Unfortunately, needing a licence for work alone is not an exceptional circumstance. However, exceptional circumstances can be met by one exceptional factor, or a number of ordinary factors.

Is there a time limit to appeal a police suspension?

Yes. You must appeal the decision within 28 days of receiving the immediate notice of suspension.

We can help

Our experienced lawyers have received excellent outcomes for our clients who have appealed licence suspensions in the Local Court, assisting them to have the suspension quashed or reduced.

We can help you:

Lodge the appeal,
And prepare a strong subjective case in order to get your licence back.

Appealing RMS Licence Suspension

We are here to help you with appealing an RMS licence suspension. Our experienced traffic lawyers work with you to ensure you receive the best possible outcome for your case. For example, read about our Past Cases, where our clients have had their suspension period removed:

If you’ve received a Notice of Suspension from the Roads and Maritime Services (RMS), you have 28 days to lodge the appeal. We’ve answered some more frequently asked questions below.

Why has the RMS suspended my licence?

The most common reasons why the RMS suspend a licence include:

If you exceed your demerit points as a provisional licence holder
Exceeding the speed limit by more than 30km/h
Exceeding the speed limit by more than 45km/h
For medical reasons

Can I appeal the decision of the RMS to suspend my licence?

Yes.

When you appeal, the court can make four decisions:

Allow the appeal, and lift your suspension
Vary or reduce your suspension
Dismiss the appeal, and confirm the 3 months suspension
Or make any other order that the court sees fit

What can I do to get my licence back?

A well prepared case will assist you with obtaining your licence back. The court will consider your traffic history. However, completing the Traffic Offenders Program can increase your chances, even if you do not have a clear traffic record.

In addition, the court will look at your need for a licence, and your character.

However, it is important that you recognise that if you receive an immediate licence suspension from police, a difference test applies. You must instead establish that there are exceptional circumstances that require the suspension to be lifted.

Is there a time limit to appealing an RMS licence suspension?

Yes. The appeal must be lodged within 28 days of the letter from the RMS being posted.

However, courts generally assume that you received the letter 4 working days from when it was posted.

We can help

Refuse or Fail Breath Analysis

Refuse or fail breath analysis carries similar penalties to drink driving. Therefore, a criminal conviction and loss of licence can result. Our experienced traffic lawyers are here to help you get the best possible outcome.

What is Refusing or Failing a Breath Analysis?

If you fail or refuse a road side breath test, you’ll be required to undergo a breath analysis. This will usually be in an RBT van or at the closest police station.

If you fail this second test, or you’re unable to provide an adequate sample, you will be charged with this offence.

Will I lose my licence?

A conviction will result in loss of licence.

Generally, the automatic disqualification period will apply. In other words, 9 months disqualification.

However, certain factors can reduce the time spent off the road. For example, your need to drive, or completing the Traffic Offenders Program. However, the disqualification can’t be less than the minimum period, which is 6 months.

Can I avoid a criminal record?

A court will likely convict you for the offence. Avoiding a criminal record for this offence is rare, due to the serious penalties that can be imposed.

A conditional release order with conviction or a community corrections order are common for this charge.

https://wcolawyers.com.au/no-conviction-refusing-breath-analysis/

Will I go to jail?

The maximum penalty for a first offence is 18 months imprisonment. As a result, it is possible to go to jail.

Can I defend the charge?

Yes. It’s a defence if you were unable to submit to the assessment due to medical grounds, or if more than 2 hours had passed since you were pulled over or had an accident.

We can help

Our commitment is to provide quality advice and legal representation.

Refuse or Fail Breath Test

Refuse or fail breath test is a fine only offence. As a result, you won’t go to jail and you won’t lose your licence. However, you can be convicted of the charge and the court can impose a large fine. For more information, read our article below, or call us for free advice.

What is Refusing or Failing a Breath Test?

The offence occurs when police pull you over to breath test you for drink driving. You can be charged if you either refuse to do the test, or you’re unable to provide a sufficient sample.

Will I lose my licence?

This offence does not carry a disqualification period. Therefore, you will not lose your licence.

However, the Court does have a general discretion to disqualify you if you are convicted. But this is rare.

Can I avoid a criminal record?

A court will most likely convict you for the offence.

However, a conviction can be avoided if you receive a conditional release order without conviction.

The court will consider a range of factors for your sentence. For example:

The circumstances of the offence
Your criminal history
Your traffic history
Completion of the Traffic Offenders Program
And your personal circumstances.

Will I go to Jail?

No, you can’t go to jail for this offence.

The maximum penalty is a fine of $1,100.

Can I defend the charge?

Yes. It’s a defence if you were unable to submit to the assessment due to medical grounds, if you were on your property at the time that the police asked you to provide a sample, or more than two hours passed since you were pulled over or had an accident.

We can help

Our lawyers are experts in representing offenders charged with traffic offences. Our commitment is to provide quality legal representation.

Refuse to Provide a Blood or Urine Sample

If you’ve been charged with refuse to provide a blood or urine sample, we’re here to help. Our commitment is to help you obtain the best possible outcome for your case.

Will I get a criminal record for refuse to provide a sample?

It’s difficult to avoid a criminal record. However, a conviction can be avoided if you receive a conditional release order without conviction.

The court will consider a range of factors for your sentence. For example:

The circumstances of the offence
Your criminal history
Your traffic history
Completion of the Traffic Offenders Program
And your personal circumstances.

Although a non conviction is possible, a conditional release order with conviction or a community corrections order are common for this charge.

Will I lose my licence?

A conviction will result in loss of licence.

Generally, the automatic disqualification period will apply. However, certain factors can reduce the time spent off the road. For example, your need to drive, or completing the Traffic Offenders Program. However, the disqualification can’t be less than the minimum period.

Penalty for Refusing to Provide a Urine or Blood Sample

The penalties vary depending on whether the charge is a first offence, or a second or subsequent offence.

First Offence

Maximum fine of $3,300
Automatic disqualification period of 3 years
Minimum disqualification period of 6 months
Interlock order made: the disqualification period will be between 6 and 9 months, and the minimum interlock period is 24 months

Second Offence

Maximum fine of $5,500
Maximum term of imprisonment of 18 months
Automatic disqualification period of 5 years
Minimum disqualification period of 12 months
Interlock order made: the disqualification will be between 9 and 12 months, and the minimum interlock period is 48 months

If the offence occurs following a fatal accident, the penalty increases. As a result, the maximum jail term is 18 months for a first offence. For a second or subsequent offence, it is 2 years.

We can help

Our lawyers are experts in representing offenders charged with traffic offences.

We can help you:

Defend the charge
Negotiate the facts with police
Or, if pleading guilty, we can help you to prepare a strong subjective case in order to seek leniency from the court

Drive with Illicit Drug Present in Blood

Drive with an Illicit Drug Present in Blood can result in a conviction and loss of licence. However, we’re here to help.

Will I get a criminal record for driving with illicit drug present in blood?

This is a fine only offence. In other words, you cannot go to jail. However, if you are convicted, the offence may show on your criminal record.

A conviction can be avoided if you receive a conditional release order without conviction. The court will consider a range of factors before imposing this sentence. For example:

The circumstances of the offence
Your criminal history
Your traffic history
Completion of the Traffic Offenders Program
And your personal circumstances.

Will I lose my licence?

You will lose your licence if you are convicted. Generally, the automatic disqualification period will apply.

However, certain factors can reduce this period. For example, your need for a licence or completion of the Traffic Offenders Program. However, the disqualification can’t be less than the minimum period.

Penalty for Driving with Illicit Drug Present in Blood

If it’s a first offence, it’s possible for police to issue a penalty notice. In other words, you are not required to attend court. As a result, you’ll receive a $572 fine and a 3 month suspension of your licence.

If you received a Court Attendance Notice, the maximum penalty varies depending on whether the charge is a first offence, or a second or subsequent offence.

First Offence

Maximum fine of $2,200
Automatic disqualification period of 6 months
Minimum disqualification period of 3 months

Second Offence

Maximum fine of $3,300
Automatic disqualification period 12 months
Minimum disqualification period of 6 months

We can help

Our lawyers are experts in representing offenders charged with traffic offences. Our commitment is to help you obtain the best possible outcome for your case.

Drive Under the Influence of Drugs or Alcohol

Drive Under the Influence of Drugs or Alcohol (DUI) is a serious charge. As a result, you could receive a criminal conviction.

Read our article for more information. Alternatively, you can call us for free advice.

Will I get a criminal record for DUI?

The maximum penalty reflects how serious this charge is (see below). Therefore, it’s difficult to avoid a criminal record.

However, a conviction can be avoided if you receive a conditional release order without conviction.

The court will consider a range of factors, before a sentence is imposed. For example:

The circumstances of the offence,
Your criminal history,
Your traffic history,
Completion of the Traffic Offenders Program,
As well as your personal circumstances.

Will I lose my licence?

Yes, you will lose your licence, if you are convicted. Generally, the automatic disqualification period will apply.

However, certain factors can reduce this period. For example:

Your need for a licence
Completion of the Traffic Offenders Program.

However, the time spent off the road can’t be less than the minimum period.

Penalty for Driving Under the influence of Drugs

The maximum penalty depends on whether the charge is a first offence, or a second or subsequent offence.

First Offence

Maximum fine of $3,300
Maximum term of imprisonment of 18 months
Automatic disqualification period of 3 years
Minimum disqualification period of 12 months

Second Offence

Maximum fine of $5,500
Maximum term of imprisonment of 2 years
Automatic disqualification period of 5 years
Minimum disqualification period of 2 years

However, a conditional release order or a community corrections order are common for this charge.

In addition, an interlock order will apply if you are convicted of driving under the influence of alcohol.

We can help

Our trusted lawyers are with you every step of the way. We will ensure you receive the best possible outcome for your case.

Driving while Cancelled

Driving while cancelled can result in a further loss of licence.

Our trusted lawyers understand the difficulty of facing more time off the road. We will work with you to prepare a strong case, and get you the best possible outcome.

Why is my licence cancelled?

The RMS automatically cancels your licence after a court orders that your licence is disqualified. This means that you must renew your licence with the RMS when your disqualification period ends. If you resume driving before renewing your licence, you will be committing an offence.

Will I get a criminal record?

In short, a conviction for driving with a cancelled licence will appear on your criminal record.

However, conditional release order without conviction can be imposed. The court will consider a range of factors before imposing this sentence. For example:

The circumstances of the offence
Your criminal history
Your traffic history
And your personal circumstances.

Will I lose my licence?

Your licence will be disqualified if you are convicted.

Generally, the automatic disqualification period will apply. However, certain factors can reduce this period. For example, your need for a licence or completion of the Traffic Offenders Program. However, the time spent off the road can’t be less than the minimum period.

Penalty for Driving whilst Cancelled

The maximum penalty varies depending on whether the charge is a first offence, or a second or subsequent offence.

First offence

Maximum fine of $3,300
Maximum term of imprisonment of 6 months
Automatic disqualification period of 6 months
Minimum disqualification period of 3 months

Second or subsequent offence

Maximum fine of $5,500
Maximum term of imprisonment of 12 months
Automatic disqualification period of 12 months
Minimum disqualification period of 6 months

However, a conditional release order or a community corrections order are common for this charge.

We can help

Our lawyers are committed to providing you with high quality legal representation. In addition, we ensure your consulted every step of the way.

Driving while Disqualified

Your licence can be disqualified by a court when you are convicted for a traffic offence. Driving while disqualified is therefore considered a serious offence, because by driving you are disobeying a court order.

Will I get a criminal record?

In short, a conviction for driving with a disqualified licence will appear on your criminal record.

However, a conviction can be avoided if you receive a conditional release order without conviction. The court will consider a range of factors before imposing this sentence. For example:

The circumstances of the offence
Your criminal history
Your traffic history
And your personal circumstances.

Will I lose my licence?

A period of disqualification will be given, if you are convicted.

Generally, the automatic disqualification period will apply. However, certain factors can reduce this period. For example, your need for a licence or completion of the Traffic Offenders Program. However, the disqualification can’t be less than the minimum period.

Penalty for Driving whilst Disqualified

The maximum penalties vary depending on whether the charge is a first offence, or a second or subsequent offence. However, a conditional release order or a community corrections order are common for this charge.

First offence

Maximum fine of $3,300
Maximum term of imprisonment of 6 months
Automatic disqualification period of 6 months
Minimum disqualification period of 3 months

Second or subsequent offence

Maximum fine of $5,500
Maximum term of imprisonment of 12 months
Automatic disqualification period of 12 months
Minimum disqualification period of 6 months

We can help

We’re here to help you obtain the best possible outcome. Our lawyers are experts in representing offenders charged with traffic offences.

Driving while Suspended

Your licence can be suspended by police or the RMS for speeding, drink driving, loss of demerit points or medical reasons. If you then drive, you will be committing the offence of driving while suspended. We’ve answered some frequently asked questions below.

Will I get a criminal record?

In short, yes it is likely. A conviction for driving with a suspended licence will appear on your criminal record.

However, a conviction can be avoided if you receive a conditional release order without conviction. The court will consider a range of factors before imposing this sentence. For example:

The circumstances of the offence
Your criminal history
Your traffic history
And your personal circumstances.

Will I lose my licence?

You’ll be required to serve a period of disqualification if convicted.

In most cases, the automatic disqualification period will apply. However, certain factors can reduce this period. For example, your need for a licence or completion of the Traffic Offenders Program. However, the disqualification can’t be less than the minimum period.

Penalty for Driving whilst Suspended

The penalties vary depending on whether the charge is a first offence, or a second or subsequent offence.

First offence

Maximum fine of $3,300
Maximum term of imprisonment of 6 months
Automatic disqualification period of 6 months
Minimum disqualification period of 3 months

Second or subsequent offence

Maximum fine of $5,500
Maximum term of imprisonment of 12 months
Automatic disqualification period of 12 months
Minimum disqualification period of 6 months

We can help

If you’ve been charged with driving while suspended, we’re here to help. Our commitment is to help you obtain the best possible outcome for your case.

Traffic Law

Why has the Police suspended my licence?

Can I appeal a police suspension?

Is there a time limit to appeal a police suspension?

We can help

We're here to help

Why has the RMS suspended my licence?

Can I appeal the decision of the RMS to suspend my licence?

What can I do to get my licence back?

Is there a time limit to appealing an RMS licence suspension?

We can help

We're here to help

What is Refusing or Failing a Breath Analysis?

Will I lose my licence?

Can I avoid a criminal record?

Will I go to jail?

Can I defend the charge?

We can help

We're here to help

What is Refusing or Failing a Breath Test?

Will I lose my licence?

Can I avoid a criminal record?

Will I go to Jail?

Can I defend the charge?

We can help

We're here to help

Will I get a criminal record for refuse to provide a sample?

Will I lose my licence?

Penalty for Refusing to Provide a Urine or Blood Sample

We can help

We're here to help

Will I get a criminal record for driving with illicit drug present in blood?

Will I lose my licence?

Penalty for Driving with Illicit Drug Present in Blood

We can help

We're here to help

Will I get a criminal record for DUI?

Will I lose my licence?

Penalty for Driving Under the influence of Drugs

We can help

We're here to help

Why is my licence cancelled?

Will I get a criminal record?

Will I lose my licence?

Penalty for Driving whilst Cancelled

First offence

Second or subsequent offence

We can help

We're here to help

Will I get a criminal record?

Will I lose my licence?

Penalty for Driving whilst Disqualified

First offence

Second or subsequent offence

We can help

We're here to help

Will I get a criminal record?

Will I lose my licence?

Penalty for Driving whilst Suspended

First offence

Second or subsequent offence

We can help

We're here to help