The tables below provide some of the common traffic offences and the respective penalties (maximum fine, term of imprisonment and relevant disqualification periods) available to the Court. These penalties are only applicable where you have pleaded guilty or have been found guilty.
If you have been charged with an offence, whether or not listed in the tables below, and require legal advice from an experienced traffic lawyer / drink driving lawyer, contact us today to discuss the possible penalties and defences available to your case.
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| OFFENCE | FIRST OFFENCE (within 5 years) |
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| FINE (Maximum) | IMPRISONMENT (Maximum) | DISQUALIFICATION | |
| DRINK DRIVING – PCA OFFENCES | |||
| Drive with Novice Range PCA (0.00 – 0.02) |
$1,100 | Nil | Minimum – 3 months Automatic – 6 months |
| Drive with Special Range PCA (0.02 – 0.05) |
$1,100 | Nil | Minimum – 3 months Automatic – 6 months |
| Drive with Low-Range PCA (0.05 – 0.08) |
$1,100 | Nil | Minimum – 3 months Automatic – 6 months |
| Drive with Mid-Range PCA (0.08 – 0.15) |
$2,200 | 9 months | Minimum – 6 months Automatic – 12 months |
| Drive with High-Range PCA (0.15 or greater) |
$3,300 | 18 months | Minimum – 12 months Automatic – 3 years |
| OTHER DRUG OR ALCOHOL RELATED OFFENCES | |||
| Refuse Breath Test | $1,100 | Nil | No minimum |
| Refuse Breath Analysis | $3,300 | 18 months | Minimum – 12 months Automatic – 3 years |
| Driving Under the Influence (DUI of Illicit Drug) |
$2,200 | 9 months | Minimum – 6 months Automatic – 12 months |
Drive with Presence of the following Drugs in Blood or Urine:
|
$1,100 | Nil | Minimum – 3 months Automatic – 6 months |
| Refuse to Provide Oral Fluid Sample | $3,300 | Nil | Minimum – 6 months Automatic – 3 years |
| Refuse or Fail to Submit to Provide Blood Sample (when unable to provide oral fluid sample) | $3,300 | Nil | Minimum – 6 months Automatic – 3 years |
| Refuse to Submit to Blood or Urine Sample (after fatal crash) | $3,300 | 18 months | Minimum – 6 months Automatic – 3 years |
| NON-MAJOR DRIVING OFFENCES | |||
| Drive Unlicensed | $2,200 | Nil | No minimum |
| Negligent Driving | $1,100 | Nil | No minimum |
| Speeding (less than 30 km/h) | $2,200 | Nil | Nil |
| Speeding (more than 30 km/h over but less than 45 km/h) | $2,200 | Nil | Minimum – 3 months |
| Speeding (more than 45 km/h over) | $3,300 | Nil | Minimum – 6 months |
| SERIOUS DRIVING OFFENCES | |||
| Menacing Driving with Intent | $3,300 | 18 months | Minimum – 12 months Automatic – 3 years |
| Menacing Driving Possibility of Menace | $2,200 | 12 months | Minimum – 12 months Automatic – 3 years |
| Drive Furiously, Recklessly or at a Speed or in a Manner Dangerous | $2,200 | 9 months | Minimum – 12 months Automatic – 3 years |
| Fail to Stop and Assist | $3,300 | 18 months | Minimum – 12 months Automatic – 3 years |
| Drive Whilst Licence Disqualified, Suspended or Cancelled | $3,300 | 18 months | Minimum – 12 months |
| OFFENCE | SECOND (OR SUBSEQUENT) OFFENCE (previous conviction of this offence / any major offence within 5 years) |
||
| FINE (Maximum) |
IMPRISONMENT (Maximum) |
DISQUALIFICATION | |
| DRINK DRIVING – PCA OFFENCES | |||
| Drive with Novice Range PCA (0.00 – 0.02) |
$2,200 | Nil | Minimum – 6 months Automatic – 12 months |
| Drive with Special Range PCA (0.02 – 0.05) |
$2,200 | Nil | Minimum – 6 months Automatic – 12 months |
| Drive with Low-Range PCA (0.05 – 0.08) |
$2,200 | Nil | Minimum – 6 months Automatic – 12 months |
| Drive with Mid-Range PCA (0.08 – 0.15) |
$3,300 | 12 months | Minimum – 12 months Automatic – 3 years |
| Drive with High-Range PCA (0.15 or greater) |
$5,500 | 2 years | Minimum – 2 years Automatic – 5 years |
| OTHER DRUG OR ALCOHOL RELATED OFFENCES | |||
| Refuse Breath Test | $1,100 | Nil | No minimum |
| Refuse Breath Analysis | $5,500 | 2 years | Minimum – 2 years Automatic – 5 years |
| Driving Under the Influence (DUI of Illicit Drug) | $3,300 | 12 months | Minimum – 12 months Automatic – 3 years |
Drive with Presence of the following Drugs in Blood or Urine:
|
$2,200 | Nil | Minimum – 6 months Automatic – 12 months |
| Refuse to Provide Oral Fluid Sample | $5,500 | 18 months | Minimum – 12 months Automatic – 5 years |
| Refuse or Fail to Submit to Provide Blood Sample (when unable to provide oral fluid sample) | $5,500 | 18 months | Minimum – 12 months Automatic – 5 years |
| Refuse to Submit to Blood or Urine Sample (after fatal crash) | $5,500 | 2 years | Minimum – 12 months Automatic – 5 years |
| NON-MAJOR DRIVING OFFENCES | |||
| Drive Unlicensed | $3,300 | 18 months | Minimum – 3 years |
| Negligent Driving | $1,100 | Nil | No minimum |
| Speeding (less than 30 km/h) | $2,200 | Nil | Nil |
| Speeding (more than 30 km/h over but less than 45 km/h) | $2,200 | Nil | Minimum – 3 months |
| SERIOUS DRIVING OFFENCES | |||
| Menacing Driving with Intent | $5,500 | 2 years | Minimum – 2 years Automatic – 5 years |
| Menacing Driving Possibility of Menace | $3,300 | 18 months | Minimum – 2 years Automatic – 5 years |
| Drive Furiously, Recklessly or at a Speed or in a Manner Dangerous | $3,300 | 12 months | Minimum – 2 years Automatic – 5 years |
| Fail to Stop and Assist | $5,500 | 2 years | Minimum – 2 years Automatic – 5 years |
| Drive Whilst Licence Disqualified, Suspended or Cancelled | $5,500 | 2 years | Minimum – 2 years |
