Driving Offences

Warning: The following is general advice only. It should not be substituted for legal advice. The following information is drawn from resources including Legal Aid Commission, NSW Law Society and Lawlink NSW.

Is Legal Aid available?
Legal aid is only available for traffic offences if there is a real possibility of a goal penalty, or there are exceptional circumstances.

If you think you may be eligible for Legal Aid you should call them for advice.

How should you prepare for Court?
You should gather character references.
If you need a driver’s licence for work make sure you have a letter from your employer to say what will happen to your job if your licence is disqualified for a long time. If you have other reasons for needing a driver’s licence, such as child care issues or health problems, make sure you have evidence to support this.

What should you do at court?
Do not drive to court in case you lose your license. Bring your license with you as the court may require you to surrender it.

If you are unrepresented you should advise the court officer that you are unrepresented and request a copy of the police fact sheet and certificate.

If you are represented your solicitor will take care of these matters.

Do not drive while disqualified
The Court will regard this seriously. The penalty for your first driving whilst disqualified can include gaol or a significant fine and an additional 2 years disqualification.

Remember to re-apply for your licence
Once the disqualification period is over, you have to re-apply for your licence as it is not automatically reinstated.

Can you appeal?
You can appeal but should seek legal advice before lodging any appeal. The appeal must be lodged within 28 days.

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