Traffic Law

Traffic Law is a complex and ever-changing area. Barker Evans Lawyers are experts and leaders in the area. We understand a loss of licence can have devastating effects on you and your family. Contact us to discuss your individual case.

If you have been charged with a traffic offence or infringement, or are seeking a licence appeal, get in touch with the experienced traffic lawyers at Barker Evans in Sydney. We have NSW Law Society recognised Accredited Specialists in criminal law who possesses decades of experience acting for people charged with traffic offences. To best understand your options, call for personalised advice and service.

Drink Driving

Barker Evans Lawyers specialize in drink driving and DUI cases, representing clients daily facing such charges. Penalties for drink driving vary, with potential consequences ranging from fines and a 3-month disqualification to up to 2 years imprisonment and a 5-year license ban.

Drug-Related Driving Offences

Driving under the influence of drugs or alcohol is illegal under section 112 of the Road Transport Act 2013 (NSW). Convictions may lead to a maximum penalty of 9 months in prison. First-time offenders may face fines up to $3,300 and automatic disqualification for 3 years, with a minimum of 12 months.

Mobile Phone Use and Other Traffic Violations

There are hundreds of prescribed offences under the Road Rules (NSW), as well as in the Road Transport Act and associated regulations. One of the most relevant offences is using a mobile phone while driving. Studies suggest that the distraction from phone use is comparable to mid-level alcohol impairment, resulting in stricter penalties. Most offences are resolved with infringement notices, but taking a case to court could lead to a higher penalty and a potential conviction.

Dangerous Driving

Dangerous Driving Causing Grievous Bodily Harm: Defined in section 52A of the Crimes Act 1900 (NSW), this offence includes ‘basic’ and ‘aggravated’ types, with the basic offence punishable by up to 7 years imprisonment.
Dangerous Driving Causing Death: Also under section 52A, with the basic offence carrying a maximum sentence of 10 years.

Negligent Driving

Under section 117 of the Road Transport Act 2013 (NSW), negligent driving is an offence. If it causes death or grievous bodily harm, the penalties increase. Without these outcomes, the maximum fine is $1,100, generally handled through an infringement notice. Contesting a notice requires a court process via Revenue NSW, where a plea can be entered.

Driving in a Dangerous Manner/Speed

Driving dangerously or at excessive speed is a criminal offence with serious penalties, including imprisonment and a 3-year automatic disqualification. First offences may lead to fines up to $2,200 or 9 months in prison, while repeat offences increase fines and jail time.
The court considers:

Road conditions and traffic
Hazards present on the road
The public risk posed by the driving manner

Police Pursuit

Failing to stop during a police pursuit, particularly driving recklessly or at dangerous speeds, constitutes a serious offence, carrying severe penalties.

Driving Without or With a Suspended License

Driving while cancelled, disqualified, or suspended is taken seriously by the courts.

Driving While Cancelled: Carries a potential penalty of 6 months in prison.
Driving While Disqualified: Considered a breach of a court order, with penalties up to 18 months in prison and a 12-month disqualification.
Driving While Suspended: Similar penalties to disqualification offences, with up to 18 months in prison and a 12-month ban.

License Suspensions and Appeals

Barker Evans Lawyers have significant experience with license suspension appeals, achieving consistent success in the Local Court. Options include obtaining a good behavior license for those facing demerit point suspensions or seeking removal of habitual offender declarations that extend disqualification periods.

Licence Suspensions

Licence Suspension Appeals

If your driver’s licence has been suspended by the RMS or the police, Barker Evans Lawyers may be able to help you appeal that suspension in the Local Court. Barker Evans Lawyers has extensive experience with licence suspension appeals and an unrivalled track record of proven results.

Good Behaviour Licence

If you have been served with notice of licence suspension for incurring 13 or more demerit points and hold a full driver’s licence, you may elect to obtain a good behaviour licence.

Removing Licence Disqualifications

Being declared an Habitual Traffic Offender can result in substantial periods off the road. More than one declaration can mean over 10 years disqualification. The declarations can be appealed.