Driving & Traffic
20. Sentences and Penalties
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 20 Jul 2015
- A ’sentence’ is a court order imposing a penalty on you for committing an offence.
- Each state and territory has different penalties for traffic offences. The penalties available to the court are set out in the law applicable to the offence you are charged with.
- 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.
- It is an offence to drive whilst your licence is suspended or your licence has been cancelled and you have been disqualified from obtaining a licence.
- Some traffic offences are categorised as:
- first offence;
- second offence; and
- third or subsequent offence.
- In these cases the penalties increase each time you re-offend as does the possibility of imprisonment.
- In New South Wales if you repeatedly commit the same traffic offence in a set time period you can be declared a “Habitual Traffic Offender” under the Road Transport Act 2013 (NSW). This declaration will disqualify you from driving for at least two years on top of the penalty already imposed.
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