A traffic offence can feel like a minor inconvenience until it isn't. Fines, demerit points, licence suspension, disqualification, and in serious cases a criminal record or period of imprisonment: the consequences can reach much further than most people expect. And for many people, the loss of a licence is not just an inconvenience. It is a job, a business, a way of getting the kids to school.
At Bartley Legal, we handle the full range of traffic and driving matters across NSW. Our principal, Rhian Bartley, is a former police officer turned criminal defence lawyer. She has seen traffic offences from both sides of the system and knows exactly how they are prosecuted, how courts approach them, and where the opportunities to achieve a better outcome actually lie.
If you are facing a traffic charge or need advice about your licence, call us on 0461 400 310. We respond the same day.
Traffic Offences We Handle in NSW
We represent clients facing all categories of traffic and driving offences in NSW, including:
• Drink driving (PCA offences) at low, mid, and high range
• Drug driving and driving with a prescribed illicit drug present
• Dangerous driving and reckless driving
• Negligent driving
• Speeding offences
• Driving while disqualified or suspended
• Driving unlicensed or never licensed
• Street racing and predatory driving
• Failing to stop and assist after an accident
• Police pursuit (skye's law) offences
• Red light camera and speed camera infringements
• Habitual traffic offender declarations and removal
• Demerit point suspension appeals
• Licence disqualification and removal applications
Every matter is different. We assess the specific facts of your case, identify the available options, and give you a clear-eyed view of what is realistic before you make any decisions.
Drink and Drug Driving in NSW
Drink and drug driving charges carry significant mandatory consequences in NSW, including automatic licence disqualification, substantial fines, and for serious or repeat offences, the possibility of imprisonment. But penalties are rarely fixed. The court has discretion, and the right representation can make a genuine difference to the outcome.
In NSW, drink driving is charged as a PCA (prescribed concentration of alcohol) offence, with three categories based on blood alcohol concentration:
• Low range PCA (0.05 to under 0.08)
• Mid range PCA (0.08 to under 0.15)
• High range PCA (0.15 and above)
Drug driving offences in NSW include driving with a prescribed illicit drug present in your system (even at trace levels) and driving under the influence of a drug. These matters are treated seriously and the consequences of a conviction can extend well beyond the penalty imposed by the court.
For professional licence holders, company directors, and others where a conviction or disqualification would directly affect employment, we approach these matters with the full picture in mind, not just what happens in court on the day.
Outcomes we have helped clients pursue include Section 10 dismissals (no conviction recorded), reduced disqualification periods, immediate licence appeals, and participation in the alcohol interlock program. What is available depends on your specific circumstances. We will tell you honestly what applies to yours.
Demerit Points and Licence Suspension in NSW
In NSW, demerit points accumulate against your licence when you commit certain traffic offences. Exceed the threshold and Transport for NSW will issue an automatic suspension notice. For full licence holders, the threshold is 13 points. For provisional and learner drivers, the limits are significantly lower.
When you receive a suspension notice, you have two options: serve the suspension, or elect to have the matter heard in court. Electing to court is a significant decision with its own risks, and it is one that should always be made with proper legal advice first.
We advise clients at this decision point and, where appropriate, represent them in court to argue for a licence to be preserved. The strength of the argument will depend on your driving history, your personal circumstances, and what impact suspension would have on your livelihood and family. Courts do take these factors seriously when they are properly presented.
Court Representation for Traffic Matters in NSW
Most traffic offences in NSW are heard in the Local Court. More serious driving offences, including dangerous driving causing death or grievous bodily harm, are dealt with in the District Court. Matters involving young people under 18 are heard in the Children's Court.
Many people assume a traffic matter in the Local Court is straightforward enough to handle without a lawyer. Sometimes it is. More often, the difference between a plea entered without advice and one entered after proper preparation is the difference between a conviction on your record and a Section 10, or between a two-year disqualification and a one-year disqualification with immediate interlock eligibility.
What a lawyer does in a traffic matter is not just show up and speak. It involves reviewing the brief of evidence, identifying whether the charge is correctly made out, advising on plea, preparing submissions on your personal circumstances and the impact of disqualification, and presenting your case to the magistrate in a way that gives you the best available outcome.
Rhian's background in law enforcement means she understands exactly how traffic stops and breath tests are conducted, what the procedural requirements are, and where errors in the prosecution case are most likely to appear. That knowledge is applied to every matter we handle.
Traffic Offence Appeals in NSW
If you have been convicted or sentenced in relation to a traffic offence and believe the outcome was wrong, you may have grounds to appeal. Both conviction appeals and sentence appeals are available from the Local Court to the District Court.
Time limits apply to traffic appeals in NSW: generally 28 days from the date of the decision. If you are considering an appeal, get advice quickly.
We also assist clients who have been declared habitual traffic offenders and are seeking removal of that declaration. These applications require evidence of changed circumstances and a compelling case for why the court should exercise its discretion in your favour.
Protect Your Licence. Talk to Us.
Your licence is not just a piece of plastic. For most people it is access to work, to family, to independence. When it is under threat, you need someone who knows the system and will tell you the truth about your options.
Bartley Legal offers a confidential initial consultation. We will review your situation, explain what is available, and give you an honest assessment of what to expect. No pressure, no jargon.
Call 0461 400 310 or visit bartleylegal.com.au. We respond the same day.
This article contains general information only and does not constitute legal advice. Penalties, disqualification periods, and eligibility for orders such as Section 10 depend on your specific circumstances. Contact Bartley Legal directly for advice tailored to your matter.
