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Is Traffic Offence A Criminal Conviction?

In Sydney and Parramatta, driving offences are deemed criminal offences because they are punishable by the State. However, traffic offences (as per various Traffic Offence Lawyers) are dealt with and recorded differently, depending on how severe the violation is. Here, we will tell you how various traffic offences are recorded in Sydney as criminal convictions.

An Overview

Minor driving offences usually are only recorded on your driving record and not your police record. They might be registered on your criminal record if:

  • You contest an infringement notice in Court and are found guilty. Or,
  • You fail to negotiate with an infringement notice, and a violation agency carries enforcement action where you are deemed guilty.

A violation notice for drunk driving, drug driving or excessive speeding will be recorded on your driving record and can also be recorded on your criminal (police) record as an ‘infringement conviction’. If you are found guilty of an indictable or summary traffic offence in Court, that will be registered on your driving record and your criminal history. Even if you are not guilty, your court appearance and the result will still be recorded on your criminal record. It is often included on documents provided to the police for Court purposes but should not be disclosed for a police record examination for employment purposes.

Traffic Offence & Criminal Charges

Serious Traffic Offence and Criminal Charges

Most severe criminal traffic offences in Sydney and Parramatta are legislated under the Roads Act 1958 and the Crimes Act 1958. They can be summary or indictable offences. Summary traffic charges include but are not limited to:

  • Careless Driving
  • Dangerous Driving
  • Culpable Driving
  • Improper Use of a Motor Automobile and Loss of Traction
  • Driving Whilst Unlicensed, Disqualified, or Suspended

Indictable traffic offence includes but are not confined to:

  • Dangerous Driving Causing Serious Injury or Death
  • Risky or Negligent Driving While Pursued by Police
  • Reckless Conduct Causing Serious Injury or Endangering Life

If the authority charges you with a summary or indictable driving violation, you will likely get a summons or a notice to be present in Court. If the charge is severe, you can get arrested and either:

  • Released on bail by the police; or
  • Have to apply for bail in Court.

When you visit Court, you will be questioned whether you plead guilty or not guilty to the traffic offence. If you are found guilty of a indictable or summary driving charge, it may be recorded as a finding of guilt or conviction on:

  • Your driving record; and
  • Your criminal record.

It would be best if you did not appear in Court on criminal driving charges without representation and advice from an experienced traffic offence attorney. Having a defence professional present your case will help you achieve the best possible outcome. Our team at Platinum Lawyers are experts in criminal traffic law and often advise and represent clients in criminal severe driving matters. Please contact one of our skilled Traffic Offence Lawyers today for a free consultation.

Call (02) 8084 2764

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