Most traffic matters start with a fine, but some can cost you your licence, your job or more. Here's how traffic offences work in Australia, when a lawyer is worth it, and the traffic lawyers we list in each city.
Traffic lawyers by city
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How traffic law works in Australia
Traffic law is state and territory law, so the offences, penalties and licence rules depend on where you were driving. Most offences are dealt with by an on the spot fine and demerit points. More serious ones, like dangerous driving or driving while disqualified, go to the Local or Magistrates Court. High range speeding usually means an automatic licence suspension on top of the fine.
Your licence is often what's really at stake. Running out of demerit points, a high range speeding offence or a court disqualification can take you off the road for months, and for many people that means their job.
When a traffic lawyer is worth it
- You could lose your licence, through demerit points, high range speeding or a court disqualification.
- You've been charged with a court offence, such as dangerous driving, driving while suspended, or failing to stop after a crash.
- You need your licence for work and want to know if a work licence, appeal or good behaviour option applies in your state.
- It's drink or drug driving. See our drink driving lawyers in Sydney, Melbourne, Brisbane and Perth.
What to ask before you hire one
- How often do you appear in the court my matter is in?
- Is it a fixed fee? Many traffic lawyers charge a fixed fee for a plea in the lower court.
- What outcome is realistic? A good lawyer will tell you if a court appearance isn't worth it.
- What should I bring? Usually your traffic record, character references, and proof of why you need your licence.
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Traffic lawyers: common questions
Should I pay the fine or go to court?
If you accept the fine, you're usually accepting the offence and the demerit points that come with it. Electing to go to court lets you contest it or ask for a lower penalty, but the court can also record a conviction, impose a higher fine and order court costs. A traffic lawyer can tell you whether your case is worth taking to court before you decide.
What happens when I run out of demerit points?
Each state sets a demerit point limit that depends on your licence type. For a full licence it's usually measured over 3 years, but learners and P platers have lower limits, and in some states, including Queensland and Victoria, a shorter 12 month period. If you reach the limit, your licence is usually suspended for a period. Some states, including NSW and Queensland, let you choose a good behaviour period instead, where picking up 2 or more points means double the suspension.
Can I get a licence to drive for work while suspended?
It depends on the state and the reason for the suspension. Several states have work or restricted licences, or a way to appeal a suspension in court, but the rules and deadlines are strict and they don't cover every offence. Check with a local traffic lawyer quickly, because some applications have short time limits.
Is driving while suspended a serious offence?
Yes. Driving while suspended or disqualified usually means a court appearance, a further disqualification that can run for years, and in some cases jail. It's one of the most common ways a minor traffic problem turns into a serious one.
Do I need a traffic lawyer for a speeding fine?
Usually not for a minor speeding fine you accept. A lawyer is worth it for high range speeding, offences that will cost you your licence, dangerous or reckless driving, or any charge that has to go to court.
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