Our Traffic Resources
Below is the information about penalties for Traffic Offences
Avoiding a Criminal Conviction Under ‘Section 10 Dismissal’
Section 10 is when you plead ‘guilty’ or are found ‘guilty’ of a ‘criminal offence’ or a ‘major traffic offence’ but the Court decides not to give you a criminal conviction (criminal record) or licence disqualification.
What does ‘Section 10’ say?
Section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW) gives the court power to deal with ‘guilty’ persons by:
- ‘dismissing’ the charge/s completely (s10(1)(a)), or
- discharging him/her into a good behaviour bond of 2 years or less (s10(1)(b)), or
- discharging him/her into an intervention program (eg drug and alcohol program, traffic offender program etc) (s10(1)(c)).
The important thing is that there is no criminal conviction, no fine and – in driving cases – no licence disqualification.
Who can get a Section 10?
Section 10 is available for all criminal charges and driving charges. The court must consider the following matters when deciding whether to grant a section 10: (a) the person’s character, antecedents (ie history), age, health and mental condition, (b) the trivial nature of the offence, (c) the extenuating circumstances in which the offence was committed, and (d) any other matter that the court thinks proper to consider.
Does the offence have to be ‘trivial’ to get a Section 10?
Not necessarily. Although someone is more likely to get a section 10 if the offence is ‘trivial’ (ie not serious), the cases make it clear that section 10 can be used for very serious offences also. For example, the important case of R v Paris [2001] involved a man who pleaded guilty in the District Court to threatening to use weapons against police (max penalty 12 years prison) and two counts of assault. The Court called it ‘undoubtedly a very serious offence’ but also found that section 10 can be used in such cases if there are very good reasons for doing so, eg if there are sufficient ‘extenuating circumstances’ (eg provocation, distress, mental instability etc), if the person is otherwise of excellent character etc. Similarly, the case of R v Piccin (No 2) [2001] involved a 40 year old nursing student, Ms Piccin, who pleaded ‘not guilty’ but was found ‘guilty’ by a District Court jury of ‘maliciously wounding’ and ‘stalking’ her former partner. The facts of that case were that Ms Piccin tracked-down her former partner and, in a fit of jealousy, stabbed him in the chin, shoulder and finger with a knife. Again, the Court found that section 10 can be used in such serious cases if there are very good reasons for doing so. Importantly, the Court stated that it is ‘proper to consider’ the effects of a criminal conviction on the person’s employment prospects when deciding whether to grant a section 10.
What are ‘extenuating circumstances’?
An ‘extenuating circumstance’ is something out-of-the-ordinary that can partly explain why the offence was committed. For example, in the case of Mr Paris (above), his wife tormented and assaulted him before he ‘lost the plot’, grabbed a knife and committed offences against police. Similarly, Ms Piccin (above) had a terrible life whereby she lost her husband, was then ‘duped’ by a con-artist out of her home and two business and was then ‘dumped’ by her new partner (the man she assaulted). Although such circumstances do not excuse the conduct, they can go some way towards explaining it and increasing the chances of a section 10.
How do I increase my chances of getting a Section 10?
Your chances of getting a section 10 are better if you provide the court with material showing that:
- you are a person of good character, which can be done by preparing up to 3 character references (see Character Reference Guide); and/or
- the offence occurred during a difficult time in your life, which can be shown by preparing ‘written instructions’ for your lawyer (which is just a handwritten outline of the events leading up to the incident) which your lawyer can use when addressing the court, and/or
- you have taken steps towards addressing any underlying issues, which can be done through attending counselling, attending a course (eg anger management, drug and alcohol etc) and/or seeing a psychologist / psychiatrist and having your lawyer obtain a report.
For driving offences, the chances of getting a section 10 are better if you complete a Traffic Offender Program. An early plea of ‘guilty’ is also relevant as it shows that you quickly accepted responsibililty and are remorseful.
PENALTIES FOR SPEEDING
The following is a table of penalties for speeding:
| Offence | Light Vehicles | Mid Range Trucks (>4.5t but <=12.0t GVM) | Coaches & Heavy Vehicles | |
| Exceed speed limit by: | Demerit Points | |||
| Not more than 10 km/h | 1 | $93 | $278 | $278 |
| Not more than 10 km/h (Learner, P1 or P2 licence holder) | 4 | $93 | $278 | $278 |
| Not more than 10 km/h (in school zone) | 2 | $154 | $371 | $371 |
| Not more than 10 km/h (Learner, P1 or P2 in school zone) | 5 | $154 | $371 | $371 |
| More than 10 km/h but not more than 20 km/h | 3 | $216 | $371 | $371 |
| More than 10 km/h but not more than 20 km/h (Learner, P1 or P2 licence holder) | 4 | $216 | $371 | $371 |
| More than 10 km/h but not more than 20 km/h (in school zone) | 4 | $278 | $463 | $463 |
| More than 10 km/h but not more than 20 km/h (Learner, P1 or P2 in school zone) | 5 | $278 | $463 | $463 |
| More than 20 km/h but not more than 30 km/h | 4 | $371 | $463 | $463 |
| More than 20 km/h but not more than 30 km/h (in school zone) | 5 | $463 | $556 | $556 |
| More than 30 km/h but not more than 45 km/h | 5 | $710 | $710 | $1,112 |
| More than 30 km/h but not more than 45 km/h (in school zone) | 6 | $896 | $896 | $1,174 |
| More than 45 km/h | 6 | $1,915 | $1,915 | $2,904 |
| More than 45 km/h (in school zone) | 7 | $2,041 | $2,041 | $3,149 |
Listed below are the penalties if you are convicted by a court.
| Offence | Court Maximum Fine | Licence Disqualification | |
| Exceed speed limit by: | Light Vehicles | Heavy Vehicles | |
| Not more than 10 km/h | $2,200 | $2,200 | – |
| More than 10 km/h but not more than 20 km/h | $2,200 | $2,200 | – |
| More than 20 km/h but not more than 30 km/h | $2,200 | $2,200 | – |
| More than 30 km/h but not more than 45 km/h | $2,200 | $2,200 | 3 months (minimum) |
| More than 45 km/h | $2,200 | $3,300 | 6 months (minimum) |
PENALTIES FOR DRINK DRIVING
The following is a table of penalties for ‘Drink Driving’, ‘Drug Driving’ and related driving offences:
| PCA Offence | Penalties | First Offence | Second or subsequent offence |
| High range PCA (Blood alcohol concentration of 0.15 or above)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 | 12 months | 2 years | |
| Maximum Disqualification | Unlimited | Unlimited | |
| Automatic Disqualification* | 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 | 6 months | 12 months | |
| Maximum Disqualification | Unlimited | Unlimited | |
| Automatic Disqualification* | 12 months | 3 years | |
| Immediate licence suspension | Yes | Yes | |
| Low range PCA (Blood alcohol concentration of 0.05 to less than 0.08)ORNovice 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 | 3 months | 6 months | |
| Maximum Disqualification | 6 months | Unlimited | |
| Automatic Disqualification* | 6 months | 12 months | |
| Immediate licence suspension | No | No |
* ‘automatic’ is the disqualification period that applies in the absence of a specific court order.
| 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 | 6 months | 12 months | |
| Maximum Disqualification | Unlimited | Unlimited | |
| Automatic Disqualification* | 12 months | 3 years | |
Drive with the presence of any of the following drugs in oral fluid, blood or urine:
| Maximum court- imposed fine | $1,100 | $2,200 |
| Minimum Disqualification | 3 months | 6 months | |
| Maximum Disqualification | 6 months | Unlimited | |
| Automatic Disqualification* | 6 months | 12 months | |
Drive with the presence of any of the following drugs in blood or urine:
| Maximum court- imposed fine | $1,100 | $2,200 |
| Minimum Disqualification | 3 months | 6 months | |
| Maximum Disqualification | 6 months | Unlimited | |
| Automatic Disqualification* | 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 | 6 months | 12 months | |
| Maximum Disqualification | Unlimited | Unlimited | |
| Automatic Disqualification* | 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 | 6 months | 12 months | |
| Maximum Disqualification | Unlimited | Unlimited | |
| Automatic Disqualification* | 3 years | 5 years | |
| Refuse to submit to taking of a blood or urine sample after involvement in a fatal crash.ORWilfully 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 | 6 months | 12 months | |
| Maximum Disqualification | Unlimited | Unlimited | |
| Automatic Disqualification* | 3 years | 5 years |
OTHER DRIVING PENALTIES
The following is a table of penalties for ‘Negligent Driving’, ‘Reckless Driving’ and other driving offences:
| Driving Offence | Penalties | First offence | Second or subsequent offence |
| Negligent driving where death is occasioned | Maximum court-imposed fine | $3,300 | $5,500 |
| Maximum gaol term | 18 months | 2 years | |
| Disqualification – minimum | 12 months | 2 years | |
| Disqualification – maximum | Unlimited | Unlimited | |
| Disqualification – in the absence of a specific court order | 3 years | 5 years | |
| Negligent driving where grievous bodily harm is occasioned | Maximum court-imposed fine | $2,200 | $3,300 |
| Maximum gaol term | 9 months | 12 months | |
| Disqualification – minimum | 12 months | 2 years | |
| Disqualification – maximum | Unlimited | Unlimited | |
| Disqualification – in the absence of a specific court order | 3 years | 5 years | |
| Furious driving; Reckless driving; Driving in a manner or at a speed dangerous | Maximum court-imposed fine | $2,200 | $3,300 |
| Maximum gaol term | 9 months | 12 months | |
| Disqualification – minimum | 12 months | 2 years | |
| Disqualification – maximum | Unlimited | Unlimited | |
| Disqualification – in the absence of a specific court order | 3 years | 5 years | |
| Fail to stop and give assistance in an accident involving death or injury | Maximum court-imposed fine | $3,300 | $5,500 |
| Maximum gaol term | 18 months | 2 years | |
| Disqualification – minimum | 12 months | 2 years | |
| Disqualification – maximum | Unlimited | Unlimited | |
| Disqualification – in the absence of a specific court order | 3 years | 5 years | |
| Other major offences mentioned in section 188 of the Road Transport (General) Act 2005. | Maximum court-imposed fine | As in existing legislation | As in existing legislation |
| Maximum gaol term | As in existing legislation | As in existing legislation | |
| Disqualification – minimum | 12 months | 2 years | |
| Disqualification – maximum | Unlimited | Unlimited | |
| Disqualification – in the absence of a specific court order | 3 years | 5 years |
