Driving Offences

Driving Offences

If you have you been charged with PCA, drink driving, drug driving, speeding, driving whilst disqualified or any other driving or traffic matter then you should contact us immediately as there can be defences to these charges.

The courts have access to a broad range of penalties for traffic offences, and some of the penalties imposed are mandatory for certain offences.

As such, defendants need the best possible legal advice and representation when defending traffic offences, if they are to obtain a satisfactory legal outcome.

The lawyers at Aston Legal are highly experienced in driving and traffic matters, and have represented defendants on a wide variety of traffic offences in the past. Aston Legal can advise defendants on the best strategy in order to minimise the possible penalty. Among the matters with which we can assist you are:

  • Licence Appeals, including advice for taking the matter to Court. Penalties which may be appealed include suspension for exceeding the speed limit by more than 30 or 45 kilometres an hour, or suspension of a provisional driver for loss of merit points.
  • Quashing Habitual Offender Declaration. The Habitual Offender Scheme imposes penalties on people who accumulate 3 convictions for serious offences within a 5 year period.
  • Applications for the Interlock Driving Program. This program allows drivers convicted of serious alcohol-related offences to continue driving if they obtain an interlock license. The interlock device is an electronic breath-testing device which prevents a car starting if the driver fails a breath test.
  • Common driving offences, including driving unlicensed, driving while disqualified or driving while suspended.
  • Speeding offences, including exceeding the speed limit by more than 10, 20, 30 or 45 kilometres.
  • Driving while using a mobile phone. It is illegal to drive a vehicle while using a hand-held mobile phone, or to drive while using a hands-free device if it causes you to lose control of a vehicle.
  • Seat belt penalties.
  • Drink driving offences, ranging from novice-range to high-range Prescribed Concentration of Alcohol (PCA) offences. The following table is intended to give an idea about how PCA ranges are defined, and the possible penalties for offenders.

 

PCA offence Penalties First Offence Second or subsequent offence
High range PCA
(Blood alcohol concentration of 0.15 or more)
OR
Refuse a breath analysis, hinder or obstruct taking of a blood sample, wilfully alter the concentration in the blood.
Maximum court- imposed fine $3,300 $5,500
Maximum gaol term 18 months 2 years
Minimum disqualification
period
12 months 2 years
Maximum disqualification
period
Unlimited Unlimited
Automatic disqualification
period in absence of court order
3 years 5 years
Immediate licence suspension Yes Yes
Mid range PCA
(Blood alcohol concentration of 0.08 to less than 0.15)
Maximum court- imposed fine $2,200 $3,300
Maximum gaol term 9 months 12 months
Minimum disqualification
period
6 months 12 months
Maximum disqualification
period
Unlimited Unlimited
Automatic disqualification
period in absence of court order
12 months 3 years
Immediate licence suspension Yes Yes
Low range PCA
(Blood alcohol concentration of 0.05 to less than 0.08)
OR
Novice range PCA
(Blood alcohol concentration over zero for novice drivers)
OR
Special range PCA
(Blood alcohol concentration over 0.02 for special category drivers)
Maximum court- imposed fine $1,100 $2,200
Maximum gaol term N/a N/a
Minimum disqualification
period
3 months 6 months
Maximum disqualification
period
6 months Unlimited
Automatic disqualification
period in absence of court order
6 months 12 months
Immediate licence suspension No No
  • Driving while under the influence of illicit drugs. The following table is intended to give an idea about how certain drugs are penalised under the law.
Offence Penalties First Offence Second or subsequent offence
Drive under the influence of alcohol or another drug. Maximum court- imposed fine $2,200 $3,300
Maximum gaol term 9 months 12 months
Minimum disqualification
period
6 months 12 months
Maximum disqualification
period
Unlimited Unlimited
Automatic disqualification
period in absence of court order
12 months 3 years
Drive with the presence of any of the following drugs in oral fluid, blood or urine:

  • Cannabis
  • Speed/ice
  • MDMA or ‘ecstasy’
Maximum court- imposed fine $1,100 $2,200
Minimum disqualification
period
3 months 6 months
Maximum disqualification
period
6 months Unlimited
Automatic disqualification period in absence of court order 6 months 12 months
Drive with the presence of any of the following drugs in blood or urine:

  • Morphine (unless proven for medicinal use)
  • Cocaine
Maximum court- imposed fine $1,100 $2,200
Minimum disqualification
period
3 months 6 months
Maximum disqualification
period
6 months Unlimited
Automatic disqualification period in absence of court order 6 months 12 months
Refuse to provide oral fluid sample.
OR
Refuse or fail to submit to providing a blood sample when unable to provide an oral fluid sample.
Maximum court- imposed fine $3,300 $5,500
Maximum gaol term N/a 18 months
Minimum disqualification
period
6 months 12 months
Maximum disqualification
period
Unlimited Unlimited
Automatic disqualification period in absence of court order 3 years 5 years
Wilfully introduce or alter the amount of a drug in oral fluid or blood after being required to provide an oral fluid or blood sample. Maximum court- imposed fine $3,300 $5,500
Minimum disqualification
period
6 months 12 months
Maximum disqualification
period
Unlimited Unlimited
Automatic disqualification period in absence of court order 3 years 5 years
Refuse to submit to taking of a blood or urine sample after involvement in a fatal crash.
OR
Wilfully introduce or alter the amount of a drug in blood or urine after involvement in a fatal crash.
Maximum court- imposed fine $3,300 $5,500
Maximum gaol term 18 months 2 years
Minimum disqualification
period
6 months 12 months
Maximum disqualification
period
Unlimited Unlimited
Automatic disqualification period in absence of court order 3 years 5 years

Call us at our Sydney office on 02 9635 3777 or our Parramatta office on 02 9635 3777 for a confidential discussion, or fill in our online enquiry form and we will be in touch with you shortly