drink driving second offence nsw

What is a Major Offence? – Road Transport Act

A ‘major offence’ is relevant to traffic offences. The definition of a major offence is found in section 4 of the Road Transport Act (see below).

It’s important to know whether an offence is a major offence, because it affects the penalty imposed by a Court. For example, if you’ve previously committed a major offence, such as negligent driving causing grievous bodily harm, it will mean that the penalty is more serious for a future traffic offence, such as mid range drink driving. As a result, the drink driving offence becomes a “second or subsequent offence”. Therefore, the maximum penalty increases from $2,200 and 9 months imprisonment, to $3,300 and 12 months imprisonment.

Major Offence Road Transport Act Definition

A major offence includes the following:

  • A driving offence that resulted in the death or bodily harm of another
  • High range drink driving, mid range drink driving, low range drink driving and novice range or special range drink driving
  • Driving with a prohibited drug present in blood
  • Driving a vehicle under the influence of alcohol or a prohibited drug
  • Negligent driving occasioning death or grievous bodily harm

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