NSW Driving Offence Fines: What you need to know
In addition to earning demerit points, and potentially having your license suspended (in some cases even permanently), violating traffic laws comes with a range of possible financial penalties.
These need to be paid, of course, and if you don’t pay them on time, they can incur even more severe penalties. If you decide to take the matter to court and lose, you’ll typically end up with an even larger fine, so make sure that you have discussed the matter with your traffic offence lawyer and explored whether you have a case before making any decisions.
What type of penalties apply?
The NSW government publishes information about traffic offences, penalty notices and fines on its website. You can also find useful information about the legislation and road rules on the NSW Government “Towards Zero” Centre for Road Safety website.
As at 1 July 2024*, some of the most common traffic offences carry the penalties and fines detailed below.
Speeding Offences
If you drive faster than the set speed limit, you are committing a speeding offence. Different speeding offences carry different penalties depending on how severe the offence is.
|
Offence |
Penalty fine* |
Demerit Points |
|
Exceeding the speed limit by 10km/h or under (other than a Learner or P-Plate driver) |
$145 |
1 |
|
Exceeding the speed limit by 10km/h or under (Learner or P-Plate driver |
$145 |
4 |
|
Exceeding the speed limit by more than 10km/h (other than a Learner or P-Plate driver) |
$334 |
3 |
|
Exceeding the speed limit by more than 10km/h (Learner or P-Plate driver |
$334 |
4 |
|
Exceeding the speed limit by more than 20km/h |
$574 |
4 |
|
Exceeding the speed limit by more than 30km/h |
$1,097 |
5 |
|
Exceeding the speed limit by more than 45km/h |
$2,959 |
6 |
Mobile Phone Offences
Strict rules are in place for using mobile phones or digital screens when driving. There are different rules for learner, provisional and full licence holders.
If you break these rules, you may be charged with a mobile phone offence. If charged, you will be given a penalty notice, have to pay a fine and may receive demerit points.
Mobile phone offences include:
- texting and driving
- holding a mobile phone in your hand when driving
- using social media or web browsing when driving
- talking on the phone without hands free devices
- taking a photo or video when driving.
The fine for illegal mobile phone use is $410 or $544 if detected in school zone*. There is also a penalty of 5 demerit points which increases to 10 demerit points during double-demerit periods.
Drink Driving and Drug Driving Offences:
Alcohol and illicit substances negatively affect your driving skills and concentration, which then places everyone on the road at risk of their safety. . You may face serious consequences if you are found with illegal drugs or illegal levels of alcohol in your system whilst driving.
NSW Police can immediately suspend your license if you commit a low, special or novice range drink driving offence. If it is your first offence, your license can be suspended for three months and you may be issued an on-the-spot fine of $682*.
However, mid-range or higher drink driving, or repeatedly being caught drink driving can lift the fine into thousands of dollars, and in extreme cases it may include imprisonment.
When should you engage the services of a traffic offence lawyer?
In some cases, when a traffic offence is minor, it is generally better to simply pay the fine than try and argue your case in court.
However, there are many times when you may want to speak to a traffic offence lawyer for further advice. Some examples of that include:
1. Serious Traffic Offences: If you are facing charges for a serious traffic offence, such as reckless driving, DUI/DWI (Driving Under the Influence/Driving While Intoxicated), hit and run, or causing injury or death while driving, it is essential to seek legal representation. These offences can lead to severe penalties, including hefty fines, license suspension, and even imprisonment.
2. License Suspension or Revocation: If your driver's license is at risk of suspension or revocation due to accumulated demerit points or traffic violations, a traffic offence lawyer can help you understand your options and potentially challenge the suspension.
3. Complex Legal Issues: Some traffic offences may involve complex legal issues, such as additional criminal charges, that require specialised knowledge and expertise. An experienced traffic offence lawyer can assess the circumstances of your case, identify potential defences, and provide the best legal strategy.
4. Unsure of Legal Options: If you are unsure of your legal options or are unfamiliar with traffic laws and regulations, consulting with a traffic offence lawyer can provide valuable guidance and clarity.
5. Commercial Driver's License (CDL) Holders: Commercial drivers, such as truck drivers, have specific regulations and higher standards to maintain their CDL. If you hold a CDL and face traffic offences, seeking legal counsel is crucial to protect your livelihood and career.
6. Out-of-State Drivers: If you are an out-of-state driver facing traffic offences in a state where you do not reside, hiring a local traffic offence lawyer can be beneficial in navigating the legal system and ensuring proper representation.
If you are facing a traffic offence and you are unsure of your rights and obligations, contact CDQ on ph:02 8566 2400. We can give you the advice that you need to proceed with confidence.
*Fines and information correct as at 1 July 2024. Source: https://www.nsw.gov.au/driving-boating-and-transport/demerits-penalties-and-offences/
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