Legal Eagle

Speak to a Consultant Free Call | Mon - Fri | 9am - 5pm

1800 001 212

Home
Make a Document
Create a Legal Document

Click, Customise, Print.
The smart, fast, convenient and affordable way to create common legal documents from your home or office. Most documents are made in 10 to 15 minutes. We assist you through the process step by step. Choose a document or area of law on the left to start making a document

STEP 1 Select the document or registration you need.

STEP 2 Answer simple questions in the comfort of your own home or office.

STEP 3 Print the document or we can send it to you.
Find a Lawyer
Find a Lawyer

Find the right lawyer for you, in your region and the area of law you need.
- Free search Australia’s only directory profiling all over 95% of lawyers and firms.
- See reviews for each lawyer who provides Phone a Lawyer consultations.
- View each lawyer’s answers to questions, articles and guides.
- For Advanced Lawyer Search click here Or Search for a Law Firm or Chambers
Name of lawyer or firm

Suburb, postcode, region

Choose a area of law

Choose a topic of law

* Required field
Ask a Lawyer

Ask a Lawyer

Don’t guess! Your question is answered fast by lawyers in your region.

Your region

* All fields required

Enter your question here180 character limit (approx. 25 words)
Can i stop someone from accessing my personal information?

Provide background details900 character limit (approx. 150 words)
Do not use real names or places or provide details that might reveal anyone's identity.

Type your postcode, suburb or region. Only your region will be displayed publically.

Good Question Tips:
Be brief. Write background details in the section below. Enter a specific question you need answered. Make sure it is actually a question.

Good Background Detail Tips: Be brief. Only include details lawyers need to know. Review to ensure your writing is clear. Do not include any information that could identify anyone.

STEP 1 Ask a question. It's free and anonymous.

STEP 2 Get answers. Experienced lawyers in your region provide answers.

STEP 3 Answers are emailed directly to you and posted online.
Phone a Lawyer
Phone a Lawyer

Book a preliminary phone consultation up to 30 minutes with an experienced lawyer in your region
- Become a LegalPlan member for one low monthly fee from $16.50; cancel any time.
- As a LegalPlan member book a free* phone consultation with a lawyer for each unique legal matter you have.
- * Subject to conditions including fair use.
STEP 1 -
Log-in or become a member.

Provide details of your legal issues & questions.

Upload any documents you want the lawyer to read.

Select your LegalPlan at the checkout.

STEP 2 -
LegalEagle sends lawyers in your region your free* preliminary phone consult request.

Or choose your preferred lawyers from our directory & we send your request for a free* phone consult to them.

Free for LegalPlan members.

STEP 3 -
A lawyer practicing in your region and area of law will phone to discuss your matter.

Lawyers usually call within 2 business days.

Phone consults last up to 30 minutes (including reading time if you send documents).
Choose area of law

Choose a topic of law

Suburb, postcode, region *

* Required field
LegalPlans

Personal - $16.50 / month
For personal law and questions

Business - $44 / month
For business law and questions

BusinessPlus - $59 / month
For both personal and business law

No lock in contract.
Fixed Fee Quote
Legal Information Centre
Free Legal Information Centre

Practical legal information written by lawyers to help you make informed choices.
- Find the information you need quickly and easily.
- View your information in the formats that suit you best.
Legal Guides
Practical step-by-step guide on most areas of law.

FAQs
Answers by lawyers to the most common questions asked.

Q&A by Lawyers
See the answers given by lawyers to questions asked.

Glossaries
Our glossaries explain difficult legal terms in plain English.

Articles
Written by expert lawyers on a wide range of matters.

Be informed, subscribe to our free newsletter

Criminal Law: Driving & Traffic

Home >> Legal Information Centre >> Legal Topics >> Criminal Law >> Driving & Traffic

Frequently Asked Questions

You need to check the relevant legislation in your State and Territory, as the rules are different in each jurisdiction.

What are demerit points?
- Demerit points are issued when you commit traffic offences. The number of demerit points issued will depend on the seriousness of the traffic offence.
- When you receive a Traffic Infringement Notice (TIN) it will tell you the number of demerit points that you have accrued.
- Even if you go to court you may still accrue demerit points.
- You are allowed to accrue a certain number before your license is suspended. Once you reach this number Roads and Maritime Services will automatically suspend your licence. This number varies in each state and territory.
- In New South Wales the limits are:
  - Unrestricted licence – 13 points;
  - Provisional P2 licence – 7 points;
  - Provisional P1 licence – 4 points; and
  - Learner licence – 4 points.
>> Read more & related FAQ's
How do I nominate another driver for committing a traffic offence whilst driving my car?
- Read the Traffic Infringement Notice (TIN) carefully. There will be instructions about what you need to do if you wish to nominate another driver.
- You must complete the statutory declaration (sworn statement) nominating another person as the driver responsible for the infringement.
- The statutory declaration (sworn statement) must be signed and witnessed by a Justice of the Peace or a lawyer. You can Find a Lawyer near you by using our free directory.
- You may also need to provide supporting evidence in writing or to the court. If this is required Roads and Maritime Services will contact you first.
- If you have any concerns you can use our free and anonymous Ask a Lawyer service to get information specific to your situation.
>> Read more & related FAQ's
What are ‘Hoon’ laws?
- Hoon laws relate to dangerous antisocial driving.
- Hoon driving includes:
  - street or drag racing;
  - committing an aggravated burnout which means the burnout is performed with petrol or other inflammable liquid on the road surface;
  - engaging in a police pursuit; and
  - speeding by more than 45 kilometres above the speed limit.
- A driver found committing a hoon offence in their own vehicle may face the following sanctions:
  - immediate suspension of their driver’s licence;
  - loss of their licence plates for three months;
  - impoundment of their vehicle for three months; or
  - being required to produce their vehicle at a specified place within 10 days.
>> Read more & related FAQ's
How do I know when I need to go to court?
- If you have been charged then you should have been provided with documents telling you exactly what you have been charged with and when you need to go to court.
- If you have not received any paperwork then you can call the police station and ask for a copy of the court documents.
- New South Wales court listing information is also available online at http://searchcourtlists.lawlink.nsw.gov.au/scm/search.
- If you are still unsure a lawyer can help you with this inquiry. You can Find a Lawyer near you by using our free directory.
>> Read more & related FAQ's
What can I do if I can’t attend court on the date listed?
- If you are on bail you must attend court as required. If you do not your bail can be revoked (cancelled) and a warrant can be issued for your arrest.
- If you are not on bail you should still attend the court as required. If you do not the court may deal with the matter in your absence which means you will not get an opportunity to tell your side of the story.
- In some circumstances you can apply to the court for an adjournment (postponement of the hearing date). Your lawyer can do this for you. You will need to show the court you have a good reason for the adjournment.
- Courts are an important public resource. The court will not adjourn your hearing just because it doesn’t suit or you have to work.
>> Read more & related FAQ's
How do I find out what evidence the police have against me?
- When you are charged you will be given a copy of the ‘Statement of Facts’. This is a summary of the police case against you.
- The statement of facts will describe:
  - the offence you have been charged with;
  - when and where it occurred;
  - what your role was in committing the offence;
  - whether anyone was hurt or injured as a consequence of the offence;
  - whether anyone else was involved in the offence and if they have been charged;
  - if you have made any admissions; and
  - any other evidence such as witness statements.
- If you plead not guilty you will receive a copy of the police brief of evidence. There are special rules that will vary in each state and territory as to when you can ask for a brief of evidence. Usually you would not expect to receive a full brief in less than 6 weeks.
- A brief of evidence includes all the evidence the police are relying on to support the charges. This includes:
  - witness statements;
  - electronic recordings; and
  - breath analysis results.
- It is useful to have a lawyer help you understand what is in the statement of facts and how it can affect you. Our Phone a Lawyer service may be able to put you in touch with a lawyer for a preliminary consultation.
>> Read more & related FAQ's
When do I get to tell my side of the story?
- When you first engage a lawyer they will take your instructions (your version of events) and give you advice about your situation. This is your opportunity to ask about any defence that may be relevant.
- After you have received the brief of evidence you will be given another chance to tell your lawyer your side of the story and to comment on each piece of evidence in the brief.
- Traffic and driving offences have the criminal standard of proof. This means the police or prosecution need to prove the case beyond a reasonable doubt. You do not have to prove anything.
>> Read more & related FAQ's
Do I get to speak to the magistrate or judge in court?
- If you are self-represented then you can speak on your own behalf throughout your case.
- If you have a lawyer representing you then it is their job to take your instructions (your version of events) and to speak on your behalf to the magistrate or judge.
- If there is something you want said in court you can instruct your lawyer about this. They will give you advice about the best time to raise it.
>> Read more & related FAQ's
What do the police have to prove?
- Offences arising from a breach of the Road Rules 2008 (NSW) are generally classified as ‘strict liability’ offences.
- This means that in order to prove that you are guilty of the offence the police only need to show that you did the act or broke the Road Rules.
- It does not matter that you did not intend to speed or forgot to put your seatbelt on.
- For more serious offences the police need to provide the court with evidence to prove each element (part) of the offence you have been charged with.
- This evidence can be:
  - a blood alcohol analysis;
  - a statement from Roads and Maritime Services providing the date on which your licence was cancelled;
  - a record of interview; or
  - statements from witnesses who may have seen your driving.
- For all driving and traffic offences the police need to prove their case beyond reasonable doubt.
- If you have been charged with a driving or traffic offence it can have serious consequences for your future. If you plead or are found guilty it may result in you having a criminal record. A lawyer can assist you to get the best outcome possible in your circumstances. Our LegalPlan™ membership will allow you to ask lawyers to handle your matter for a Fixed Fee Quote.
>> Read more & related FAQ's
If I have a defence when can I tell the court?
- If you have an arguable defence your lawyer will give you advice and explain how to best deal with this during your case.
- You lawyer may:
  - raise the issue with police as part of a negotiation; or
  - decide to call witnesses at a contested hearing (trial) to support your defence.
- The police or prosecution must prove the case beyond a reasonable doubt whether or not you have a defence. You do not have to prove anything.
>> Read more & related FAQ's
What happens at a contested hearing (trial)?
- At a contested hearing (trial) the court will hear all the evidence against you.
- Evidence can be:
  - given by witnesses in the witness box; and
  - tendered (given) as an exhibit to the court.
- The types of evidence that might be tendered as exhibits include:
  - photos;
  - electronic recordings; and
  - breath or blood analysis results.
- The lawyers will have a chance to make submissions (arguments) to the court.
- The court will then decide whether or not you are guilty of the offence charged.
>> Read more & related FAQ's
What happens at a sentence hearing?
- You should obtain any information you want the magistrate to read before the sentence hearing. This includes:
  - character references from people who know you well such as your employer or teacher;
  - letters from your doctor if you have been suffering from any medical condition; and
  - letters from your employer explaining why you may need your vehicle for work purposes.
- For a repeat offender who may be facing imprisonment the court may order a pre-sentence report. This means someone from Community Corrections will interview you and advise the court whether you are suitable for a community based sentence.
- In deciding on sentence (penalty) the court will take into account:
  - the factual circumstances of the traffic offence;
  - your personal circumstances including any references or letters;
  - your criminal and driving history; and
  - any recommendations made in a pre-sentence report.
- The magistrate will announce the sentence and give reasons for their decision. In New South Wales the sentences available for all traffic offences include:
  - a fine;
  - loss or suspension of your driver’s licence;
  - impounding your vehicle ;
  - installation of an alcohol interlock device on your vehicle;
  - a good behaviour bond;
  - a community based order including unpaid community work;
  - home detention;
  - periodic detention;
  - a suspended term of imprisonment; and
  - an immediate term of imprisonment.
>> Read more & related FAQ's
Is it important to know if it is a 1st, 2nd or 3rd (or subsequent) offence?
- Many driving and traffic offences are categorised accordingly to whether they are your 1st, 2nd or 3rd (or subsequent) time committing the offence.
- The penalties and the chance of imprisonment increase each time the offence is committed.
>> Read more & related FAQ's
What is an alcohol interlock device?
- An alcohol interlock is an electronic breath test device fitted to your car’s ignition. You provide a breath analysis to start the ignition and at random intervals while you are driving.
- If you fail the breath test then the car will be immobilised.
- Participation in the program can reduce the length of a licence disqualification period.
- Failure to properly comply with the rules regarding interlock device can lead to further offences.
- The interlock program is only available in some state and territories.
>> Read more & related FAQ's
Can I appeal my conviction or my sentence?
- You can appeal the verdict and sentence to the District or County Court.
- If you want to appeal you should be aware that:
  - there are strict timeframes for lodging an appeal; and
  - on appeal you could face a harsher penalty than the one you received in the Magistrates’ or Local Court.
>> Read more & related FAQ's

View more Information on Driving & Traffic

Connect with a Lawyer

Lawyer Test Here is some more content that aksjhak sakjsdh aksjd kaskdj kajsdhka jhakjsdh aksjd

Create a Legal Document

Click, Customise, Print.

Find a Lawyer

Find the right lawyer for you, in your region and the area of law you need.

Ask a Lawyer

Don’t guess! Your question is answered fast by lawyers in your region.

Phone a Lawyer

Book a preliminary phone consultation up to 30 minutes with an experienced lawyer in your region

LegalPlans

Free Legal Information Centre

Practical legal information written by lawyers to help you make informed choices.

Legal Guides

FAQs

Q&A by Lawyers

Glossaries

Articles

Criminal Law: Driving & Traffic

Frequently Asked Questions

View more Information on Driving & Traffic

Connect with a Lawyer