Traffic Law
Negligent Driving
Negligent driving is a traffic offence under section 117 of the Road Transport Act 2013 (NSW). It occurs when a person operates a motor vehicle without the level of care and attention that a reasonable and competent driver would exercise in the same circumstances.
This offence can cover a broad range of conduct — from momentary lapses in concentration to more serious acts of negligence that result in injury or death. Penalties vary depending on the outcome of the driving and whether the matter is dealt with summarily or more seriously before a higher court.
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Types of Negligent Driving Offences
Under section 117, there are three main categories:
- Negligent driving (no injury) – Least serious; may still attract fines and licence disqualification.
- Negligent driving occasioning grievous bodily harm (GBH) – Mid-range offence; may result in harsher penalties including a criminal record, licence disqualification, and possible imprisonment.
- Negligent driving occasioning death – Most serious category; carries significant penalties and is often dealt with in the District Court.
What the Prosecution Must Prove
To establish negligent driving, the prosecution must prove:
- That the accused was driving or in control of a motor vehicle; and
- That they drove in a manner that fell below the standard expected of a competent and careful driver in the circumstances.
For offences involving injury or death, the prosecution must also prove:
- That the negligence caused grievous bodily harm or death to another person.
Defences to Negligent Driving
Possible legal defences may include:
- Mechanical failure or unforeseen vehicle malfunction.
- Sudden medical condition, such as a seizure or blackout.
- Lack of causation – where the injury or death was not a result of the driver’s actions.
- Identification issues – if the driver of the vehicle is in dispute.
Every case turns on its specific facts. It is critical to seek legal advice to determine whether a defence applies and how best to present your case.
How We Can Help
If you are facing a negligent driving charge, our team at MacDougall & Hydes Lawyers can assist by:
- Reviewing police and witness evidence.
- Advising you on possible defences or mitigating factors.
- Representing you in court with the goal of minimising penalties or seeking a non-conviction outcome where appropriate.
We understand how a traffic charge can affect your licence, livelihood, and future. Contact us today to arrange a consultation and receive tailored advice and representation.
Dangerous Driving
Dangerous driving is a serious criminal offence under section 52A of the Crimes Act 1900 (NSW). It involves operating a motor vehicle in a manner that is considered dangerous to the public and, in more serious cases, causing injury or death.
These offences are treated severely by the courts due to the risk they pose to community safety and often carry penalties including imprisonment, licence disqualification, and the imposition of a mandatory interlock order.
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Types of Dangerous Driving Offences
Under section 52A, there are three main categories:
- Dangerous Driving Occasioning Grievous Bodily Harm (GBH)
This offence applies where a person drives a vehicle dangerously and causes another person to suffer grievous bodily harm.
Maximum penalty: 7 years imprisonment (or 11 years if under the influence of alcohol/drugs or speeding excessively). - Dangerous Driving Occasioning Death
Applies where the dangerous driving causes the death of another person.
Maximum penalty: 10 years imprisonment (or 14 years with aggravating factors such as intoxication or speeding). - Aggravated Dangerous Driving
This involves dangerous driving with one or more aggravating features, such as:- High-range alcohol or drug influence
- Excessive speed
- Driving while fatigued or sleep-deprived
- Engaging in a police pursuit
What Constitutes “Dangerous” Driving?
Driving is considered dangerous when it creates a real and substantial risk to others, having regard to:
- The nature, condition, and use of the road
- The amount of traffic at the time
- The driver’s manner of control, speed, and compliance with traffic rules
What the Prosecution Must Prove
To establish the offence, the prosecution must prove:
- That the accused was driving a motor vehicle;
- That the driving was objectively dangerous, in the circumstances; and
- That the dangerous driving caused the grievous bodily harm or death of another person.
In aggravated cases, the prosecution must also prove the presence of at least one aggravating factor (e.g. intoxication, speed).
Defences to Dangerous Driving
Possible defences may include:
- Medical emergency – such as a sudden loss of consciousness or seizure
- Mechanical failure – unexpected malfunction of the vehicle
- No causation – where the injury or death was not directly caused by the driving
- Not dangerous in the circumstances – a challenge to the objective assessment of danger
- Duress or necessity
Every matter must be assessed on its unique facts, and early legal advice is essential to determine the appropriate strategy.
How We Can Help
At MacDougall & Hydes Lawyers, we provide strong, strategic representation in serious traffic matters, including dangerous driving charges. Our team can:
- Carefully assess the evidence and expert reports
- Advise you on the strength of the prosecution case and possible outcomes
- Prepare persuasive submissions to reduce penalties or negotiate lesser charges
- Represent you in court at every stage of the proceedings
If you or someone you care about is facing a dangerous driving charge, contact our office today for practical legal advice and robust representation.
Drink & Drug Driving Offences
Drink and drug driving offences are taken extremely seriously in New South Wales and are among the most frequently prosecuted traffic offences in the state. These offences are governed by the Road Transport Act 2013 (NSW) and carry significant penalties, including licence disqualification, fines, criminal convictions, and, in some cases, imprisonment and mandatory participation in the Alcohol Interlock Program.
The law distinguishes between offences based on alcohol concentration (PCA), presence of drugs, and actual impairment due to alcohol or drugs.
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PCA Offences (Prescribed Concentration of Alcohol)
PCA offences occur when a person drives a motor vehicle with a blood alcohol concentration (BAC) above the legal limit. The severity of the offence depends on the driver’s licence type and the BAC reading.
PCA Categories in NSW
- Novice Range PCA: BAC above 0.00 (applies to learner, P1, P2, and certain professional drivers)
- Special Range PCA: BAC from 0.02 to 0.049 (for drivers subject to special conditions)
- Low Range PCA: BAC from 0.05 to 0.079
- Mid Range PCA: BAC from 0.08 to 0.149
- High Range PCA: BAC of 0.150 or higher
Each PCA category attracts different penalties, but all can result in immediate licence suspension, court-imposed disqualification periods, fines, and the imposition of the Alcohol Interlock Program for certain offences.
Drug Driving Offences
Presence of Drugs in Oral Fluid
It is an offence to drive a motor vehicle with the presence of certain illicit drugs in your system, even if you are not impaired. These are typically detected through roadside oral fluid (saliva) testing.
Prohibited drugs include:
- Cannabis (THC)
- Methamphetamine (ice)
- MDMA (ecstasy)
- Cocaine
These offences do not require proof of impairment — detection of the drug is enough to sustain a charge under section 111 of the Road Transport Act 2013 (NSW).
Driving Under the Influence (DUI)
DUI is a separate offence that involves actual impairment due to alcohol or drugs. It is based on police observations (e.g. erratic driving, slurred speech, unsteady balance) rather than a PCA reading or drug test.
What the Prosecution Must Prove
For PCA or drug presence charges:
- That the accused was driving or in control of a motor vehicle.
- That a prescribed concentration of alcohol or prohibited drug was detected in their system.
- That the test was lawfully conducted and valid.
For DUI charges:
- That the driver was impaired by alcohol or drugs at the time of driving.
Defences to Drink and Drug Driving Charges
While these are strict liability offences, some defences or mitigating factors may apply:
- Challenging the legality of the stop, test, or arrest
- Improper procedures in breath or saliva testing
- Involuntary consumption of alcohol or drugs
- No control of the vehicle at the relevant time
- Medical conditions affecting the accuracy of the test or symptoms of impairment
How We Can Help
At MacDougall & Hydes Lawyers, we have extensive experience in representing clients charged with drink and drug driving offences across all NSW courts. We can:
- Review the prosecution case and test results for accuracy and procedural fairness
- Advise on possible defences or plea strategies
- Advocate for reduced penalties or non-conviction outcomes where appropriate
- Assist with interlock exemptions, habitual traffic offender declarations, and licence appeals
If you’ve been charged with a drink or drug driving offence, time is critical. Contact MacDougall & Hydes Lawyers for expert legal advice and representation. We’ll help you understand your rights, your options, and work with you towards the best possible outcome
Driving Without a Licence
Drink and drug driving offences are taken extremely seriously in New South Wales and are among the most frequently prosecuted traffic offences in the state. These offences are governed by the Road Transport Act 2013 (NSW) and carry significant penalties, including licence disqualification, fines, criminal convictions, and, in some cases, imprisonment and mandatory participation in the Alcohol Interlock Program.
The law distinguishes between offences based on alcohol concentration (PCA), presence of drugs, and actual impairment due to alcohol or drugs.
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Understanding Appeals in NSW
An appeal is a request for a higher court to review and potentially overturn a decision made by a lower court. The appeals process varies depending on the type of case and the court involved:
- Local Court Appeals – If you were convicted or sentenced in the Local Court, you may appeal to the District Court, where the judge will reconsider the case.
- District Court and Supreme Court Appeals – If your case was heard in the District or Supreme Court, an appeal is made to the NSW Court of Criminal Appeal (NSWCCA).
- High Court Appeals – In rare and significant cases, further appeals may be made to the High Court of Australia, but only with special leave.
Strict time limits apply to lodging appeals, and it is essential to act quickly to preserve your rights.
What If You Are Outside the Appeal Timeframe?
If the deadline to file an appeal has passed, you may still have an opportunity to seek leave to appeal out of time. This process requires demonstrating sufficient cause for the delay and that the appeal has merit. At MacDougall and Hydes Lawyers, we have successfully represented clients in obtaining leave to appeal outside the prescribed timeframe, ensuring their cases are heard despite initial time constraints.
Common Grounds for Appeal
An appeal must be based on a valid legal argument rather than dissatisfaction with the outcome. Some common grounds include:
- Errors of Law – Mistakes in how the law was applied during the trial or sentencing.
- Errors of Fact – Incorrect findings about the evidence presented in court.
- Unreasonable Verdict – Where the decision was not supported by the evidence.
- Excessive or Inadequate Sentence – Where the penalty imposed was too severe or, in rare cases, too lenient.
Our legal team carefully analyses trial records to identify errors that could form the basis of a strong appeal.
Our Expertise in Appeals
At MacDougall and Hydes Lawyers, we have successfully represented clients in high-profile and complex appeal matters, including:
- Jarryd Hayne Appeal – Securing the quashing of his sexual assault convictions, leading to his release from custody.
- Hannah Quinn Acquittal – Achieving an acquittal in a high-profile case where convictions of unlawful killing were overturned.
- Titus Day Appeal – Successfully overturning fraud convictions against high-profile talent manager Titus Day, securing his release from custody.
These cases reflect our commitment to justice and our ability to navigate the complexities of appeal law. Read more about them here.
Seeking Merit Advice Before an Appeal
Before pursuing an appeal, it is crucial to obtain legal advice on the likelihood of success. Our firm works with the state’s best barristers in providing comprehensive merit assessments, helping clients understand their options and the strengths and weaknesses of their case.
Why Choose MacDougall and Hydes Lawyers?
- Extensive Experience – We handle all types of appeals across the NSW court system.
- Strategic Approach – Our team carefully prepares every appeal, ensuring that the strongest legal arguments are presented.
- Collaboration with Leading Barristers – We work with NSW’s top barristers to achieve the best results.
- Commitment to Clients – Whether you are seeking to appeal a conviction, reduce a sentence, or apply for leave to appeal out of time, we are dedicated to achieving the best possible outcome.
If you or a loved one is considering an appeal, contact MacDougall and Hydes Lawyers today. Our expertise and dedication make us the trusted choice for navigating the NSW appeals process.
Drink & Drug Driving Offences
Driving without a valid driver’s licence is an offence under the Road Transport Act 2013 (NSW). Whether you’ve never held a licence, are driving while disqualified or suspended, or have simply failed to renew your licence, NSW law treats unlicensed driving seriously. Penalties vary depending on the reason for the offence and whether it is a first or repeat offence.
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Types of Unlicensed Driving Offences
- Never Licensed
Driving a vehicle without ever having held a valid driver’s licence in NSW or another jurisdiction is an offence under section 53(1) of the Road Transport Act 2013 (NSW).
Penalties:
- Maximum fine of $2,200
- Possible licence disqualification period imposed by the court
- Vehicle registration or insurance issues may also arise
- Expired, Cancelled or Suspended Licence
Driving with a licence that has expired or has been administratively suspended (e.g. for non-payment of fines) is still considered an offence under section 53(3).
Penalties:
- Fine of up to $2,200
- Possible disqualification period, particularly for repeat offenders
- Driving While Licence Suspended or Disqualified
This is a more serious offence under section 54(1) of the Act. It applies when a person drives a vehicle while they are formally suspended or disqualified from driving by a court or RMS (now Transport for NSW).
Penalties (First offence):
- Fine of up to $3,300
- Maximum 6 months imprisonment
- Minimum disqualification of 6 months (can be longer at the court’s discretion)
Penalties (Second or subsequent offence):
- Fine of up to $5,500
- Up to 12 months imprisonment
- Longer disqualification periods
The courts take these offences seriously, particularly where a person has been previously warned or convicted.
What the Prosecution Must Prove
To secure a conviction, the prosecution must prove:
- That the accused was driving a motor vehicle; and
- That the person did not hold a valid licence at the time of driving; or
- That the person was disqualified or suspended from driving by law or court order.
Defences to Driving Unlicensed
Depending on the circumstances, defences may include:
- Honest and reasonable mistake of fact (e.g. believed the licence was valid)
- Identity – disputing that the accused was the driver
- Lack of notice of a suspension or disqualification (e.g. where Transport for NSW failed to notify properly)
In some cases, your lawyer may make submissions for a non-conviction order under a Conditional Release Order or argue for a reduction in disqualification periods.
How We Can Help
At MacDougall & Hydes Lawyers, we understand that driving offences can have serious personal and professional consequences. If you are charged with driving without a licence, our team can:
- Assess the evidence and identify any available defences
- Represent you in court and make persuasive submissions to minimise penalties
- Help you apply for a licence appeal or early re-issue if applicable
- Assist in negotiating with prosecutors where appropriate
Contact Us
If you are facing a charge for unlicensed driving in NSW, contact MacDougall & Hydes Lawyers for expert legal advice and representation. We’ll guide you through the legal process and work towards the most favourable outcome for your situation.
Appealing Licence Suspensions
Losing your licence can have a significant impact on your employment, family responsibilities, and daily life. If your driver’s licence has been suspended by RMS or the police, you may be eligible to appeal the decision through the Local Court.
At MacDougall & Hydes Lawyers, we have extensive experience representing clients in licence suspension appeals across New South Wales. We can assess your eligibility, prepare persuasive submissions, and advocate for you in court.
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Types of Licence Suspension Appeals
- RMS Licence Suspensions
These are administrative suspensions issued by Transport for NSW, typically for:
- Exceeding the speed limit by more than 30km/h or 45km/h
- Accumulating too many demerit points
- Provisional drivers reaching the demerit point limit
You must file your appeal within 28 days of receiving the notice of suspension.
Possible Court Outcomes:
- Dismiss the appeal – suspension stands
- Vary the suspension – suspension period reduced
- Allow the appeal – licence returned, no suspension
- Police-Imposed Immediate Suspensions
Police can issue an on-the-spot suspension in serious cases such as:
- High range PCA
- Mid-range PCA (second offence)
- Driving under the influence (DUI)
- Street racing or other dangerous driving
- Driving with a prescribed illicit drug present
- Refusal to submit to a test
These suspensions take effect immediately and can be appealed in the Local Court within 28 days.
Important: Appealing a police suspension does not affect the separate criminal charges. Even if the court sets aside the suspension, the court dealing with the drink/drug driving matter may later impose a new disqualification.
Contact us now for expert and tailored legal advice
