Anyone living in Australia knows the traffic rules are strict — it is easy to cop a speeding fine or a licence suspension notice. Today we share several recent success stories handled by NS Legal involving NSW traffic law, to help you better understand the rules and to show how we can help if you happen to breach them.
Success Story 1 — Fined for an Expired Licence, Caused by an Administrative Mix-Up
[The Case]
On 26 December 2022, Client A was pulled over by police. Because A’s visitor licence appeared to be expired, A was issued with an infringement notice and a court attendance notice.
Client A engaged our firm, and after reviewing the circumstances we prepared a tailored defence strategy.
[The Outcome]
Through our discussions with Client A we learned more details. On 18 December 2022, Client A was pulled over by police on Kingsford Road in Sydney, where police found the visitor licence had expired. A then contacted Transport for NSW and discovered it was a system error on the authority’s side — A’s visitor licence was in fact still valid.
Because the client’s English was limited, A did not explain clearly at roadside that “the licence has not expired” and that the “expired” status was the result of a Transport for NSW system error. Our lawyers then contacted police on the client’s behalf, attaching the client’s NSW driving record and explaining the whole sequence of events.
Following our lawyers’ communication with police, the charge against A was withdrawn.
The takeaway: keep an eye on your licence expiry date and check your Australian driver licence regularly. Australian traffic law takes licences very seriously — always drive with a valid licence and never rely on the hope of getting away with unlicensed driving.
Success Story 2 — Driving After a Licence Application Was Refused — Case Dismissed With Our Lawyer’s Help
[The Case]
In February 2023, Client B was pulled over while driving and asked to produce a licence. B held an international driver licence and was on a bridging visa. Police checked B’s licence status with Transport for NSW and found that B had applied for a NSW licence in early February, but the application had been refused.
In NSW, if a driver drives while their licence is suspended, cancelled or disqualified, but has had no unlicensed driving offence in the past 5 years and no other serious traffic history, the court will treat any conviction as a first offence.
For a first offence of driving after a licence application has been refused, the NSW penalties are:
- A maximum fine of AU$3,300, and/or
- Up to 6 months imprisonment, and
- An automatic licence disqualification of 6 months, or
- A minimum licence disqualification of 3 months
Police then charged B with driving after a licence application had been refused. The client engaged NS Legal, and principal lawyer Candice Li ran the defence.
[The Outcome]
After understanding the client’s circumstances, we prepared a tailored defence strategy. With our lawyers’ assistance the client wrote a letter of apology, sincerely acknowledging the mistake.
Under our lawyers’ advocacy the magistrate accepted our submissions and made a Conditional Release Order. This means that, provided the client commits no further criminal offence within 6 months, the outcome will leave no criminal record and no fine.
NS Legal has handled many similar traffic matters, and both we and our clients have been very satisfied with the results.
Success Story 3 — Using a Phone While Driving + Unlicensed Driving! Case Dismissed, No Criminal Record and No Fine
[The Case]
In June 2022, Client A was driving at 106 km/h in a 100 km/h zone on the motorway, displaying a green P-plate, when police pulled the vehicle over. On stopping the car police noticed A’s phone was mounted on the dashboard playing a video in picture-in-picture mode. When asked about watching video while driving, A denied watching the video and said they were only wearing earphones to listen to the audio.
In NSW, there are strict rules on using a mobile phone and other electronic-screen devices while driving, and the rules differ depending on whether you hold an unrestricted Full Driver Licence, a Provisional P1 Driver Licence (red P), a Provisional P2 Driver Licence (green P), or a Learner Driver Licence (L-plate).
For details, see [Is Using Your Phone for Navigation While Driving Also an Offence? What About iPads and Bluetooth?].
Police then asked A to produce a licence. A claimed the licence was lost and could only show a Chinese domestic licence on a phone. On inspection, police found that domestic licence had expired more than three years earlier — it was only valid until May 2019. Police queried the expired licence and asked if A held a new one. A claimed to have completed the theory test in Canberra but did not yet hold an Australian licence or a valid international driver licence.
Police then charged A with illegally using a mobile phone while driving, as well as unlicensed driving. The client engaged NS Legal, and principal lawyer Candice Li ran the defence.
[The Outcome]
After understanding Client A’s circumstances, we prepared a tailored defence strategy. With our lawyers’ assistance the client wrote a letter of apology, sincerely acknowledging the mistake. At the sentencing hearing, our lawyers set out the client’s actual situation to the court.
Under our lawyers’ advocacy the magistrate accepted our submissions and, considering the client’s circumstances, dismissed the case — meaning the client had no criminal record recorded and was given no fine!
Finally
Australia’s traffic laws are comprehensive, designed to protect drivers, passengers and other road users. Speeding, drink driving, failing to obey traffic signals, not wearing a seatbelt, and parking illegally are all offences, and the specific penalties depend on the seriousness and frequency of the breach. Australia also treats drink driving and similar conduct as serious offences in order to deter this kind of behaviour.
Because Australia covers a vast area, some remote regions have lower vehicle density and roads may lack adequate traffic infrastructure or signage, which can increase the risk of traffic accidents. In addition, traffic rules vary between states and territories, which can cause confusion and inconvenience for drivers. Both these objective conditions and the driver’s own circumstances can contribute to unfortunate outcomes.
Our firm, NS Legal, has extensive experience in traffic law matters, a thorough understanding of Australian traffic law, and is very familiar with court litigation procedures. If you have inadvertently breached traffic laws in Australia and face a potential loss of licence or a hefty fine, please feel free to contact us for advice on how to handle the situation and avoid things getting worse.
We have written a number of articles on Australian traffic rules and common issues drivers encounter — you may wish to read:
Is Using Your Phone for Navigation While Driving Also an Offence? What About iPads and Bluetooth?
NSW Traffic Offences and Their Penalties — Some Even Veteran Drivers Don’t Know
What to Do If You Have a Motor Vehicle Accident in Australia? Key Points for Making a Claim
