What is the traffic offenders program?
The PCYC runs a driver education and awareness program – known as the Traffic Offenders Program (TOP). TOPs covers a range of topics including and not limited to drugs and alcohol on the effects of driving, road rules and what to do in emergency situations.
Attendance requirements are one 2 hour class per week for a period of 6 weeks. Upon completion, participants will need to complete a reflection task and are issued with a Certificate of Completion. All of which can be handed up in Court to assist in your matter.
It is not unusual for to direct defendants charged with driving offences to complete the program prior to sentencing. It also helps those who are asking for leniency to complete the program as a way of showing the Magistrate that you will not re-offend.
Our experienced traffic lawyers can assist you in painting the best picture possible to the Magistrate in order for you to get the best possible outcome. Call Platinum Lawyers on (02) 8084 2764 for assistance today.
Drink Driving and Imprisonment
Depending on the circumstances of the offence, your traffic record and your criminal record, gaol may be a possibility. Drink Driving is also categorised into 3 categories or ranges:
- Low range PCA – does not carry a term of imprisonment as its maximum penalty.
- Mid range PCA – maximum penalty of 9months imprisonment if first offence;maximum penalty of 12 months imprisonment if second offence
- High range PCA – maximum penalty of 18 months imprisonment if first offence;maximum penalty of 2 years imprisonment if second offence
A ‘second offence’ is defined as a ‘second offence’ if it is your second or subsequent major offence within a period of 5 years. Repeat offending, including repeat drink driving offences, will inevitably bring you closer to full – time custody.
What are the penalties for mid-range drink driving?
If it is your first offence, the penalties are:
- Minimum licence disqualification of 6 months
- Automatic licence disqualification of 12 months
- Maximum fine of $2200
- Maximum term of imprisonment of 9 months
If it is your second or subsequent offence in the space of 5 years, the penalties are:
- Minimum licence disqualification of 12 months
- Automatic licence disqualification of 3 years
- Maximum fine of $3300
- Maximum term of imprisonment of 12 months
We offer competitive fixed costs on almost all Criminal and Traffic Matters
At Platinum Lawyers we feel that our clients are best served by knowing from the start how much their matter is going to cost them.
Fixed Fees means you know from the start how much you have to pay AND there are no hidden charges.
We offer competitive fixed costs on almost all criminal and traffic matters and provide an affordable service to all our clients.
Please send us an enquiry or simply call and speak with one of our experienced Traffic or Criminal Lawyers.
Please note:
– Any disbursements we incur on your behalf will be in addition to the fixed fee.
– All court attendances are up to and including one day in court. Any further court attendances will be charged at an hourly rate.
Licence Appeals
There are two types of licence appeals – Suspension by the Police and Suspension by the RMS.
Police suspension
If you are caught speeding more than 30 km/hr over the speed limit or for speeding more than 45 km/hr over the speed limit the police can issue an ‘on the spot’ licence suspension. If this happened to you, and you want to challenge the suspension, an application must be filed at your closest Local Court – under Section 45 of the Local Court Act 2007. Once the matter is in court, two options are made available to you:
- Plead guilty – seek a Section 10 (a plea of guilty where no conviction is recorded) or
- Plead not guilty – for any number of reasons (e.g. you were not the driver or you were not travelling at the alleged speed).
RMS suspension
The Roads and Maritime Services (RMS) can suspend your licence if you have exceeded the maximum number of demerit points. Each license category is provided below:
- Unrestricted licence – 13 points
- Professional drivers – 14 points.
- Provisional P2 licence – 7 points
- Provisional P1 licence – 4 points
- Learner licence – 4 points
Individual penalties may carry with it certain number of demerit points. Depending on the license category you fall in, your license may be suspended if you exceed the allowed number of demerit points.
Upon receiving a suspension notice from the RMS, you have 28 days in which to file a licence appeal at your nearest local court.
The legal test for both types of appeals in terms of maintaining a driver’s licence is whether you are a ‘fit and proper person’ to hold a licence. The court will have regards to your age, your driving record, your need for a licence and any other personal circumstances.
Here at Platinum Lawyers, we are equipped with preparing your licence appeal application. Our lawyers will file all necessary documents and represent you at court in order to give you the best opportunity in keeping your license.
Can I get a Section 10 for mid-range drink driving?
Having outlined the penalties for mid-range drink driving above, it is possible to get a Section 10 for a mid-range drink driving charge. A Section 10 means that despite a plea of guilty, no conviction is recorded and you do not face a licence disqualification period.
For the best shot at getting a Section 10, you should obtain some character references that refer to your prior good character, your need for a licence, your financial circumstances and any other relevant matter. You should also complete the Traffic Offenders Program. Usually, the police will suspend your licence as soon as you are charged. The court will also consider the time that you have spent off the road in their decision to grant a Section 10.
Section 10s are not readily provided and you will need to obtain good legal representation especially if you are charged with mid-range drink driving.
Here are FAQs related to Traffic Offences in Sydney along with how Platinum Lawyers can assist:
- Q: What is the Traffic Offenders Program (TOP) in Sydney?
- A: The Traffic Offenders Program (TOP) is a driver education and awareness program run by PCYC, covering topics such as the effects of drugs and alcohol on driving, road rules, and emergency situations.
- Q: What does the TOP program entail, and how long does it last?
- A: The program requires attendance at one 2-hour class per week for 6 weeks, covering various topics. Participants receive a Certificate of Completion upon finishing, which can be presented in court to assist with their matter.
- Q: How can completing the TOP program benefit individuals facing driving offences?
- A: Completing the program may be directed by the court or chosen by individuals seeking leniency. It demonstrates a commitment to not re-offending and can influence the magistrate’s decision.
- Q: Can Platinum Lawyers assist in navigating traffic offences and the TOP program?
- A: Yes, Platinum Lawyers’ experienced traffic lawyers can help present the best case to the magistrate for a favorable outcome. Contact them at (02) 8084 2764 for assistance.
- Q: What is the potential for imprisonment in cases of drink driving in Sydney?
- A: Depending on the circumstances and records, imprisonment may be a possibility for drink driving offenses, categorized into low, mid, and high ranges with varying penalties.
- Q: How is drink driving categorized, and what are the imprisonment penalties?
- A: Drink driving is categorized into low, mid, and high ranges, with imprisonment penalties ranging from none for low range to a maximum of 2 years for a second offense of high range.
- Q: What are the penalties for mid-range drink driving for a first offence?
- A: Penalties include a minimum license disqualification of 6 months, automatic disqualification of 12 months, a maximum fine of $2200, and a maximum imprisonment term of 9 months.
- Q: What are the penalties for mid-range drink driving for a second or subsequent offence within 5 years?
- A: Penalties include a minimum license disqualification of 12 months, automatic disqualification of 3 years, a maximum fine of $3300, and a maximum imprisonment term of 12 months.
- Q: Does Platinum Lawyers offer fixed costs for Criminal and Traffic Matters?
- A: Yes, Platinum Lawyers provide competitive fixed costs for almost all Criminal and Traffic Matters, ensuring transparency and affordability for clients.
- Q: What is the process for license appeals, and what are the two types available?
- A: There are two types of license appeals – Suspension by the Police and Suspension by the RMS (Roads and Maritime Services).
- Q: How can police suspension be challenged, and what options are available in court?
- A: Challenging police suspension involves filing an application at the Local Court under Section 45. Options include pleading guilty for a Section 10 or pleading not guilty for various reasons.
- Q: How does RMS suspension work, and what demerit point limits apply?
- A: RMS can suspend your license for exceeding demerit points based on license categories. Limits range from 4 points for learners to 14 points for professional drivers.
- Q: What is the legal test for maintaining a driver’s license in license appeals?
- A: The legal test considers whether you are a ‘fit and proper person’ to hold a license, taking into account factors like age, driving record, need for a license, and personal circumstances.
- Q: How does Platinum Lawyers assist in preparing license appeal applications?
- A: Platinum Lawyers are equipped to prepare license appeal applications, filing necessary documents, and representing clients in court for the best chance of keeping their license.
- Q: Can individuals get a Section 10 for mid-range drink driving, and what does it entail?
- A: It is possible to get a Section 10 for mid-range drink driving, which means no conviction is recorded, and no license disqualification period is faced.
- Q: What factors increase the likelihood of obtaining a Section 10 for mid-range drink driving?
- A: Obtaining character references, showing good character, need for a license, financial circumstances, and completing the Traffic Offenders Program increase chances. Police suspension and time off the road are also considered.
- Q: Is legal representation necessary for obtaining a Section 10 for mid-range drink driving?
- A: Yes, legal representation is crucial, especially for mid-range drink driving charges. Good legal representation increases the chances of obtaining a Section 10.
- Q: How can individuals contact Platinum Lawyers for traffic offences assistance?
- A: Individuals can contact Platinum Lawyers at (02) 8084 2764 to speak to experienced traffic lawyers and seek assistance for traffic offences.
- Q: Are there any hidden charges in Platinum Lawyers’ fixed fees for criminal and traffic matters?
- A: No, fixed fees from Platinum Lawyers mean clients know the cost from the start, with no hidden charges. Disbursements incurred may be additional.
Call Platinum Lawyers on (02) 8084 2764 to speak to one of our experienced traffic lawyers.
