Driver Licensing Offences
Driving without a license can incur a heavy penalty, and it is imperative to drive responsibly in this regard. Failing to respond to a fine or warning can also incur significant fines, and it is important to seek legal advice sooner rather than later.
The offences of driving whilst disqualified or refused fall under the Fines Act 1996. The maximum fine for a first offence is $3,300.00 and/or a term of imprisonment of 18 months. The maximum fine for a second or subsequent offence is $5,500.00 and/or 2 years imprisonment. The courts may specify a term of disqualification beginning from 12 months for a first offence and two years for a second offence as the lowest minimum term, with an unlimited maximum term. Essentially this means that terms of disqualification can be severe, particularly for repeat offenders.
Driving whilst your licence is cancelled or suspended under the Fines Act 1996 carries the same maximum fine and jail term as above, with a lower minimum threshold for a period of disqualification. For a first offence the minimum period of disqualification is three months, or 2 years for a second offence.
Driving a vehicle without any licence carries a maximum court-imposed fine of $2,200 for a first offence, or $3,300 for a second offence. For a second or subsequent the fine may include a term of imprisonment of up to 18 months. Driving without having obtained a licence can lead to a period of disqualification of three years.
Driving under the influence of alcohol
The offence of driving whilst intoxicated falls under section 110 of the Road Transport Act 2013, and the severity of the charge increases with the percentage of blood alcohol concentration.
A drive with low-range PCA (first offence) carries a maximum fine of $1,100 and a maximum disqualification period of 6 months. Low-range includes a blood alcohol concentration reading of 0.05 to 0.08. For a first-time offender, a criminal sentence may be avoided by way of a section 10 (under the Crimes (Sentencing Procedure) Act. It is imperative to seek legal advice so as to give yourself the best chance of maintaining a clear criminal record.
A drive with mid-range PCA (first offence) carries a maximum fine of $2,200 and an unlimited maximum disqualification period. Unlike a low-range PCA, a mid-range fine can include a gaol term of up to 9 months, or 12 months where it is a second or subsequent offence. A mid-range PCA includes a blood alcohol concentration reading of 0.08 to 0.15.
A drive with high-range PCA (first offence) carries a maximum fine of $3,300, and an unlimited maximum disqualification period. A high-range reading can incur a gaol term of 18 months, and is a very serious driving offence. Courts in NSW are tending to treat drink driving offences in the highest category more seriously, and it is difficult to obtain a section 10 relating to a high-range offence. A high-range reading will include any blood alcohol reading over 0.15. Although it is rare for a first-time offender to be given a gaol term, it is still imperative to obtain legal advice so that this may be avoided.
Under new laws introduced in 2015, drivers convicted of serious or repeat drink driving offences will be restricted to driving vehicles with alcohol interlock devices for a period of time when they return to driving. An interlock is an electronic breath testing decide linked to the ignition system of cars, motorcycles and heavy vehicles. Drivers provide a breath sample that interlock analyses before the vehicle will start.
Driving under the influence of drugs
A charge for driving under the influence of drugs falls under section 111 of the Road Transport Act 2013. Importantly, the offence is worded as driving with the ‘presence of prescribed illicit drug in person’s oral fluid, blood or urine’. A ‘prescribed illicit drug’ includes THC (Cannabis), Methylamphetamine (Speed, Ice) and MDMA (ecstasy). It is important to note that the law forbids driving with the presence of drugs in a person’s system, rather than referring to actual intoxication or impairment. In NSW, Mobile Drug Testing units test for these substances using a saliva swab, which can detect speed and ecstasy for over 12 hours and cannabis for reportedly a number of days.
This area of the law is contentious, and a number of Magistrates are forming the view that the scope of the test is too odious. However, at present the law remains unchanged and MDT units can charge users of illicit substances hours after the drug has worn off. It is important not to drive for at least 12 hours before consuming a prohibited drug. Driving with the presence of an illicit substance carries a maximum fine of $1,100, and a maximum period of disqualification of 6 months.
It is important to note that driving with the presence of cocaine or morphine in blood or urine is also an offence carrying the same charges as above. However, MDT units have only just begun testing for these drugs and limited areas. Note that it is also an offence to refuse to give a sample, and to refuse to give a blood sample where an oral sample has not been obtained.
Where a driver has been involved in a fatal accident, the presence of drugs in one’s system can significantly increase the severity of the offence. Failing or refusing to give a sample after a fatal crash incurs a maximum fine of $3,300 and a maximum gaol term of 18 months. The presence of drugs in one’s system can also indicate that the person was driving ‘recklessly’ when determining other related offences resulting from a crash.
A charge for speeding may be incurred through a fixed speed camera, a mobile speed camera, or a Police Officer in NSW. In such circumstances a penalty notice will be issued, a fine will be incurred and demerit points lost. A charge of exceeding the speed limit by more than 30km can result in a license suspension for 3 months, and exceeding the limit by 45km can lead to a disqualification period of 6 months. Normally a speeding fine will not incur any gaol sentence. However, there are certain categories of speeding offences that are considered more serious.
A charge of ‘race, attempt on speed records and other speed trials’ contrary to section 115 of the Road Transport Act 2013 can result in a maximum prison term of 9 months, and includes speeding between other vehicles.
A charge for ‘negligent, furious or reckless driving’ contrary to section 117 can incur a maximum term of imprisonment of 9 months. If the driving occasions grievous bodily harm or death the charge is significantly more serious. Courts will consider factors such as the conditions of the road, the amount of traffic at the time and relevant obstructions and hazards when establishing negligence or recklessness.