Australian traffic laws are notoriously strict and the fines are heavy. Almost everyone who drives in Australia will pick up a traffic ticket from time to time. Sometimes, through oversight or other reasons, tickets pile up, snowball into something much larger, and can even lead to very serious consequences.

Today we would like to share two recent success stories to help you better understand the rules you need to follow when driving in Australia, and how a lawyer can assist you if something goes wrong.

Success Story 1

Caught driving while disqualified — with a lawyer’s help, all fines waived

The Case —

Client A drove during a period when their licence was disqualified (Disqualified Driving) and was spotted by two police officers in Walgett, NSW, who charged them with driving while disqualified (first offence).

The police alleged that the client’s prior driving record was very poor, with multiple tickets for speeding, using a mobile phone while driving, road-rule breaches and illegal parking. In July of the previous year, the client had also driven while their licence was suspended and was fined A$1,500, with their licence disqualified for 3 months. During that disqualification period, the client drove again and was caught by police, so the police took the view that the client had disregarded the road rules and repeated the same offence.

In NSW, if a driver drives while their licence is disqualified, suspended or cancelled but has no prior unlicensed-driving history in the past 5 years and no other serious driving offences, then on conviction the court will treat it as a “first offence”.

For a first-offence unlicensed driver in NSW, the penalties are:

– A fine of up to A$3,300, and/or

– Up to 6 months’ imprisonment, and

– Automatic licence disqualification of 6 months, or

– A minimum disqualification of 3 months

These are undoubtedly heavy penalties, so the client engaged NS Legal, with Principal Solicitor Candice Li appearing on their behalf.

The Outcome —

We put the client’s actual circumstances before the sentencing court: the client currently holds a bridging visa that does not permit work in Australia, has no other source of income, is in very difficult financial circumstances, and relies on friends and community support to cover basic living costs — a fine of this size would make the client’s situation dramatically worse. We asked the magistrate, on the client’s behalf, to waive the fine and substitute another form of penalty such as community service.

With our help, the client wrote a letter of apology. In the plea letter, the client sincerely admitted that driving during a disqualification period was wrong. We also explained that the client was in serious financial hardship, spoke almost no English and was unaware that their licence had been disqualified, and, on top of that, was on a bridging visa waiting for another visa application to be decided — a conviction could affect that visa. We attached the client’s VEVO visa status and a JP-certified character reference. Taken together, these materials gave the magistrate a clearer picture of the client’s character and circumstances, all of which can help the court in reaching its final decision.

Weighing all of these factors, we asked the court to consider waiving the fine.

In the end, the magistrate accepted our submissions and convicted the client, suspended their licence for 3 months, but waived all fines.

Success Story 2

Speeding while disqualified and trying to deceive police — final outcome: court only required the client to “stay out of trouble”

The Case —

Client B’s case was similar to Client A’s — also driving during a period of licence disqualification.

While police were conducting routine speed checks on the Princes Highway, the client was driving at 121 km/h (the speed limit was 100 km/h) and was pulled over by a police car and asked to produce a driver’s licence. The client told the officers they held an international driver’s licence and then handed over a licence that did not match the client in person; on being asked again by police, the client produced their own licence.

The police found that the client held a NSW class C P1 licence, but could not see any P-plate displayed on the front or rear of the vehicle. The officers then ran a licence check and discovered that the client had lost all of their demerit points, had their licence disqualified from 13 April 2021 to 13 July 2021, and had to pass a theory test before being allowed to drive again — otherwise the disqualification period would be extended.

The police took the view that the client knowingly drove despite the disqualification and had initially tried to deceive them. They charged the client with driving while disqualified (first offence) together with a speeding ticket.

Client B came to us, and Principal Solicitor Candice Li appeared on their behalf.

The Outcome —

After learning about Client B’s specific circumstances, we prepared a tailored defence strategy.

In the sentencing hearing, the solicitor made submissions on behalf of the client: firstly, the client sincerely acknowledged their mistake; the client’s limited English was explained, so it was not a deliberate attempt to deceive police; and the client had made significant contributions to the local community and church, with a firm promise never to repeat the same mistake.

In the end, with the solicitor’s submissions, the magistrate, taking the client’s actual circumstances into account, decided not to record a conviction and instead imposed a 12-month conditional release order — meaning that, from the date of the order, the client must not commit any further offence for 12 months and must appear in court if summoned. As long as the client “stays out of trouble” for the next 12 months, nothing further will happen and no criminal record will be created — a very satisfying outcome for both the client and for us.

A Final Word From the Lawyer

Anyone who lives in Australia will know first-hand: Australian traffic laws are very strict, and it is entirely normal to receive the occasional speeding ticket or suspension notice. But many people, either because they do not check their mail on time or because their English is not strong enough, fail to deal with these tickets in time, and the snowball keeps growing. Whether you drive on an overseas licence or an Australian licence, if you inadvertently breach the road rules and are facing a loss of licence or a heavy fine, feel free to contact us for advice on how to handle the situation without making it worse.