Traffic Offences and Penalties

Traffic_Law_1The 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.

We invite you to book an appointment or contact us now to discuss your matter in confidentiality. Alternatively, you can complete the online Request a Call Back form to your right. Our initial consultation is FREE.

 

OFFENCE FIRST OFFENCE
(within 5 years)
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:

  • Active THC (Cannabis)
  • Methylamphetamine (Speed / Ice)
  • Methylenedioxymethylamphetamine (MDMA / Ecstasy)
  • Morphine
  • Cocaine
$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:

  • Active THC (Cannabis)
  • Methylamphetamine (Speed / Ice)
  • Methylenedioxymethylamphetamine (MDMA / Ecstasy)
  • Morphine
  • Cocaine
$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

 

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