Driving & Traffic Law

Have you been charged with a driving offence in Sydney? Empower Law Group can help you through each step of the process by reviewing the charges, providing high quality advice, and representing you in court to ensure you have the best chance of achieving excellent results. Empower Law Group can assist with all driving and traffic charges including speeding, drink driving, drug driving and demerit point licence suspensions. Our lawyers are highly experienced driving lawyers trained to provide concise, client-centric tactical advice and court representation, and ultimately help you through the entire legal process whilst defending your rights from start to finish. 

Dealing with a driving offence? 

Whether you have received a penalty infringement notice for a parking fine or have been charged with more serious driving offences such as drink driving, negligent driving or dangerous driving, it is important to obtain accurate and tactical advice on your prospects of defending the charge as soon as possible. We understand that being charged with a traffic or driving offence is a stressful situation. What sets our solicitors apart from others is their unique combination of extensive professional experience, tactical knowledge and a personal touch. 

Convictions for serious driving offences can result in fines, licence disqualifications and in some cases imprisonment, and can often have lifelong implications to you and your family, so getting advice from a highly-experienced criminal defence solicitor as soon as possible is essential.

The first step is to locate a highly-experienced criminal defence lawyer or traffic lawyer. Contact us at Empower Law Group on 1300 414 844 or fill in our contact form to get clear client-centric, tactical and profession advice from one of our experienced driving and traffic defence lawyers. 

Our solicitors can help protect and defend your rights from the start to the finish of the legal process. If you have been arrested on suspicion of having committed a traffic or driving offence, or charged with a traffic or driving offence, we recommend you contact and engage an experienced, skilled and competent lawyer as soon as possible. The earlier an experienced lawyer is involved in a criminal matter, the more opportunities the lawyer will have to protect your rights, by ensuring you do not make admissions which may be used against you, and leveraging time, which involves reviewing the evidence and where the evidence warrants such an approach, writing to the police asking for the charges to be withdrawn. Contact us now for a free initial consultation to discuss your matter with one of our highly-experienced criminal defence lawyers who will talk through your case and provide a no-obligation quote for our services.

Driving offences we can help with 

We help our clients by providing clear, client-centric, tactical advice and court representation in relation to a wide range of driving offences. Our solicitors can provide accurate advice on the penalty, potential defences, including advising on avenues to potentially reduce the penalty imposed. Our experienced driving solicitors are available to assist clients across New South Wales with defending driving offences including:

Drink driving – in New South Wales, the Road Transport Act 2013 (NSW) prescribed a range of drink driving offences. The most common offences include the following:

Novice range drink driving – the offence arises where:
  • a person (a) drives a motor vehicle, or (b) occupies the driving seat of a motor vehicle and attempts to put the motor vehicle in motion,
  • while there is present in the driver’s breath or blood a concentration of more than zero grams, but less than 0.02 grams of alcohol in 210 litres of breath or 100 millilitres of blood.

The maximum penalty for a first offence is $2,200, and for a second or subsequent offence is $3,300.

Special range drink driving – the offence arises where:
  • a person (a) drives a motor vehicle, or (b) occupies the driving seat of a motor vehicle and attempts to put the motor vehicle in motion, or (c) if the person is a special category supervisor in respect of a motor vehicle and the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence) – occupies the seat in a motor vehicle next to a learner driver who is driving the vehicle,
  • while there is present in the person’s breath or blood a concentration of 0.02 grams or more, but less than 0.05 grams of alcohol in 210 litres of breath or 100 millilitres of blood. 

The maximum penalty for a first offence is $2,200, and for a second or subsequent offence is $3,300.

Low range drink driving – the offence arises where:
  • a person (a) drives a motor vehicle, or (b) occupies the driving seat of a motor vehicle and attempts to put the motor vehicle in motion, or (c) if the person is the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence) – occupies the seat in a motor vehicle next to a learner driver who is driving the vehicle,
  • while there is present in the person’s breath or blood a concentration of 0.05 grams or more, but less than 0.08 grams of alcohol in 210 litres of breath or 100 millilitres of blood. 

The maximum penalty for a first offence is $2,200, and for a second or subsequent offence is $3,300.

Middle range drink driving – the offence arises where:
  • a person (a) drives a motor vehicle, or (b) occupies the driving seat of a motor vehicle and attempts to put the motor vehicle in motion, or (c) if the person is the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence) – occupies the seat in a motor vehicle next to a learner driver who is driving the vehicle, 
  • while there is present in the person’s breath or blood a concentration of 0.08 grams or more, but less than 0.15 grams of alcohol in 210 litres of breath or 100 millilitres of blood. 

The maximum penalty for a first offence is $2,200 and/or 9 months imprisonment, and for a second or subsequent offence is $3,300 and/or 12 months imprisonment.

High range drink driving – the offence arises where:
  • a person (a) drives a motor vehicle, or (b) occupies the driving seat of a motor vehicle and attempts to put the motor vehicle in motion, or (c) if the person is the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence) – occupies the seat in a motor vehicle next to a learner driver who is driving the vehicle,
  • while there is present in the person’s breath or blood a concentration of 0.15 grams or more of alcohol in 210 litres of breath or 100 millilitres of blood. 

The maximum penalty for a first offence is $3,300 and/or 18 months imprisonment, and for a second or subsequent offence is $5,500 and/or 2 years imprisonment.

Drug driving – in New South Wales, the Road Transport Act 2013 (NSW) prescribes drug driving offences. This includes:

Presence of prescribed illicit drug in person’s oral fluid, blood or urine – the offence arises where:
  • a person (a) drives a motor vehicle, or (b) occupies the driving seat of a motor vehicle and attempts to put the motor vehicle in motion, or (c) if the person is the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence) – occupies the seat in a motor vehicle next to a learner driver who is driving the vehicle,
  • while there is present in the person’s oral fluid, blood or urine any prescribed illicit drug (which includes THC, speed, ecstasy and cocaine).

The maximum penalty for a first offence is $2,200, and for a second or subsequent offence is $3,300.

Use or attempted use of a vehicle under the influence of alcohol or any other drug – the offence arises where:
  • a person (a) drives a motor vehicle, or (b) occupies the driving seat of a motor vehicle and attempts to put the motor vehicle in motion, or (c) if a person is the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence) – occupies the seat in a motor vehicle next to a learner driver who is driving the vehicle, 
  • while under the influence of alcohol or any other drug. 

The maximum penalty for a first offence is $3,300 and/or 18 months imprisonment, and for a second or subsequent offence $5,500 and/or 2 years imprisonment.

  • Demerit points disputes – if you believe you have lost demerit points for an offence that you do not believe you committed (or you believe you had good reason for committing the offence), are at risk of losing your licence completely, or feel like you have been treated unfairly, our lawyers can provide you with clear and concise advice on your prospects of disputing the demerit point loss.
  • Speeding fines – speeding offences are one of the most common traffic infringements and penalties include fines, loss of demerit points, and in more serious cases a licence suspension or disqualification. We recommend that you get advice from a lawyer to find out how you may be able to defend or challenge a speeding fine.
  • Parking fines – if you believe you’ve been unfairly issued with a parking fine, you have the right to dispute this with the relevant authorities. Our traffic fine lawyers can provide you with clear and concise advice on your prospects of disputing or defending the parking fine.
  • Penalty infringement notices – if you’ve been issued with an infringement notice, whether it is to do with parking or speeding, we can help you deal with the ramifications and challenge the notice if you feel it was unjustified. 

No matter what kind of driving offence you are dealing with, talk to an experienced criminal lawyer at Empower Law Group on 1300 414 844 or fill in our contact form for a free initial consultation. Depending on your individual case, there are various ways we can assist, which may include the withdrawal of the charge(s), the successful defence of a charge, or a reduced penalty.

Why hire a lawyer from Empower Law Group? 

Looking for a traffic lawyer you can rely on? Then let Empower Law Group help. We’re a boutique, Sydney-based law practice well-respected for our transparency, compassion and professionalism. Our team of qualified lawyers can help with everything from business, employment law, and criminal law to estate planning, inheritance disputes and traffic and driving offences. Whatever your legal needs, we’ll explain all your options clearly and fight for your best interests. 

Our services include dealing with allegations, charges and appeals for individuals, businesses and families. We believe in fair, honest pricing and offer fixed fees for many of our services. We’ll start by conducting a free initial consultation to discuss your case before we offer you a no-obligation quote. 

Wondering where to find a traffic lawyer near me? We’re based in Inner West Sydney and can arrange a phone consultation, or come out to your home for a consultation if you prefer.

FAQs

How can a traffic lawyer help?

If you’ve been charged with a traffic offence, it’s essential to hire a criminal defence lawyer who knows exactly how the legal system works. At Empower Law Group, we’ll help you through the entire legal process. Depending on the case, we may be able to help you retain your licence and deal with fines, demerit points or more severe penalties. 

Our criminal lawyers are adept at handling driving offence cases and have a deep understanding of the relevant laws, the rules of evidence and the sentencing framework. This gives us the ability to provide tactical advice about your unique situation and, where required, to collate the necessary evidence to support or defend your case. 

We understand that being charged with a traffic offence can be a confusing and overwhelming experience, so a key part of our role is also helping you manage those feelings of fear and uncertainty. With that in mind, we’ll explain everything to you step-by-step, so you can navigate the complex legal process ahead with confidence.

What charges can a traffic lawyer help me with?

Empower Law Group has a team of lawyers who are here to help you deal with various traffic-related offences. These can include: 

  • Drink driving
  • Drug driving
  • Demerit points disputes
  • Speeding fines
  • Parking fines
  • Penalty infringement notices.

If you need advice about one of the above charges or a different type of traffic offence, contact us now on 1300 414 844 to discuss your legal needs.

Can a traffic lawyer help with drink driving charges?

Yes. Our experienced, skilled and professional drink driving lawyer can help if you have been charged with a drink driving offence. We can assist our clients with all drink driving offences, including novice range, special range, low range, middle range and high range drink driving charges. 

In New South Wales, the Road Transport Act 2013 (NSW) prescribed a range of drink driving offences. The most common offences include the following:

  • Novice range drink driving – the offence arises where:
  • a person (a) drives a motor vehicle, or (b) occupies the driving seat of a motor vehicle and attempts to put the motor vehicle in motion,
  • while there is present in the driver’s breath or blood a concentration of more than zero grams, but less than 0.02 grams of alcohol in 210 litres of breath or 100 millilitres of blood.

The maximum penalty for a first offence is $2,200, and for a second or subsequent offence is $3,300. 

  • Special range drink driving – the offence arises where:
  • a person (a) drives a motor vehicle, or (b) occupies the driving seat of a motor vehicle and attempts to put the motor vehicle in motion, or (c) if the person is a special category supervisor in respect of a motor vehicle and the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence) – occupies the seat in a motor vehicle next to a learner driver who is driving the vehicle,
  • while there is present in the person’s breath or blood a concentration of 0.02 grams or more, but less than 0.05 grams of alcohol in 210 litres of breath or 100 millilitres of blood. 

The maximum penalty for a first offence is $2,200, and for a second or subsequent offence is $3,300. 

  • Low range drink driving – the offence arises where:
  • a person (a) drives a motor vehicle, or (b) occupies the driving seat of a motor vehicle and attempts to put the motor vehicle in motion, or (c) if the person is the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence) – occupies the seat in a motor vehicle next to a learner driver who is driving the vehicle,
  • while there is present in the person’s breath or blood a concentration of 0.05 grams or more, but less than 0.08 grams of alcohol in 210 litres of breath or 100 millilitres of blood. 

The maximum penalty for a first offence is $2,200, and for a second or subsequent offence is $3,300. 

  • Middle range drink driving – the offence arises where:
  • a person (a) drives a motor vehicle, or (b) occupies the driving seat of a motor vehicle and attempts to put the motor vehicle in motion, or (c) if the person is the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence) – occupies the seat in a motor vehicle next to a learner driver who is driving the vehicle, 
  • while there is present in the person’s breath or blood a concentration of 0.08 grams or more, but less than 0.15 grams of alcohol in 210 litres of breath or 100 millilitres of blood. 

The maximum penalty for a first offence is $2,200 and/or 9 months imprisonment, and for a second or subsequent offence is $3,300 and/or 12 months imprisonment. 

  • High range drink driving – the offence arises where:
    • a person (a) drives a motor vehicle, or (b) occupies the driving seat of a motor vehicle and attempts to put the motor vehicle in motion, or (c) if the person is the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence) – occupies the seat in a motor vehicle next to a learner driver who is driving the vehicle,
    • while there is present in the person’s breath or blood a concentration of 0.15 grams or more of alcohol in 210 litres of breath or 100 millilitres of blood. 

The maximum penalty for a first offence is $3,300 and/or 18 months imprisonment, and for a second or subsequent offence is $5,500 and/or 2 years imprisonment. 
Depending on your specific case, we will consider the evidence and advise you or any potential defences and other ways to potentially reduce the penalty or sentence imposed. We can provide advice on ways to potentially potentially reduce any disqualification period and/or period of imprisonment. In some cases, there is also the possibility of getting driving offence charges withdrawn or downgraded.

What are the drug driving rules in New South Wales?  

in New South Wales, the Road Transport Act 2013 (NSW) prescribes drug driving offences. This includes:

  • Presence of prescribed illicit drug in person’s oral fluid, blood or urine – the offence arises where:
  • a person (a) drives a motor vehicle, or (b) occupies the driving seat of a motor vehicle and attempts to put the motor vehicle in motion, or (c) if the person is the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence) – occupies the seat in a motor vehicle next to a learner driver who is driving the vehicle,
  • while there is present in the person’s oral fluid, blood or urine any prescribed illicit drug (which includes THC, speed, ecstasy and cocaine).

The maximum penalty for a first offence is $2,200, and for a second or subsequent offence is $3,300. 

  • Use or attempted use of a vehicle under the influence of alcohol or any other drug – the offence arises where:
  • a person (a) drives a motor vehicle, or (b) occupies the driving seat of a motor vehicle and attempts to put the motor vehicle in motion, or (c) if a person is the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence) – occupies the seat in a motor vehicle next to a learner driver who is driving the vehicle, 
  • while under the influence of alcohol or any other drug. 

The maximum penalty for a first offence is $3,300 and/or 18 months imprisonment, and for a second or subsequent offence $5,500 and/or 2 years imprisonment.

Can a traffic lawyer help me keep my license for work?

In some cases, yes. Our experienced criminal defence lawyers appreciate that when a person loses their license, they may be unable to travel to and from work or attend to family obligations including caring for and/or transporting sick relatives, or travelling to and from childcare. We can present your circumstances to the court to ensure the court understands what impact a loss of license will have on you and your family. Talk to us about your case to see if we can help you keep your driving license for work.

How much does a traffic lawyer cost?

At Empower Law Group, we believe that you should only hire a lawyer you can trust, and one that charges appropriately and transparently. Although the cost of hiring a driving lawyer will vary depending on your specific case and legal needs, we do provide competitive fixed fees in some circumstances. 

We provide a free initial consultation via phone and offer home consultations in some circumstances. Once we discuss and understand the facts of your case, we can provide a detailed quote for your consideration. Some examples of our fixed-price fees for traffic lawyer services include: 

  • Preparatory legal advice on your charges, prices start at $440,
  • Local court appearance including mentions and sentences, prices start from $1,100,
  • Local court hearings, prices start from $1,650,
  • District court appeals, prices start from $1,650.

Contact us today on 1300 414 844 or fill in our contact form to book a free consultation with an experienced driving lawyer to discuss your matter and obtain a no-obligation quote.

The above information should be considered general advice only and should not be relied on by any person for any purpose. The information is not exhaustive and therefore does not consider every fact or circumstance that may be relevant. If you require legal advice, we strongly recommend that you call us on 1300 414 844 or another experienced solicitor to obtain advice specific to your facts and circumstances.

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