Traffic offences/incidents and Penalty notices

  • Overview & Examples
  • What You Need To Know
  • Specialising Lawyers
Make A Claim

Overview

I need the help of a traffic offence lawyer in NSW and the ACT

If you need help contesting penalty notices in NSW, Brydens Lawyers is available to assist you beyond defending your driver’s license from suspensions, excessive demerit point losses, and fines. Our specialised traffic law specialists in Sydney are your key to preserving your ability to drive, get to work and return to your lifestyle.

Whether you have misunderstood signage or made a lapse in judgment following road rules, penalties can happen to anyone. While they are paramount for maintaining safe driving conditions, when they are applied disproportionately, they can have enormous consequences on your daily life.

To ensure you have equitable access to drive, Brydens Lawyers can provide you with expert legal advice and representation should you elect to have the Local Court hear your traffic offence. Start your claim online today or call us at 1800 848 848 to book a consultation.

Make A Claim

What You Need To Know

Brydens Lawyers keeps you in the driver’s seat

For over 50 years, Brydens Lawyers has provided expert legal advice on penalty notices, helping motorists retain their licenses and challenge undue charges and fines. Our traffic and speeding fine lawyers in NSW can help you dispute:

  • Parking fines

  • Low, mid and high-range speeding 

  • Driving without a valid license

  • Driving on a suspended or disqualified license

  • Driving an uninsured vehicle

  • Mobile phone use while driving

  • Running red lights or disobeying traffic signals and signs

  • Defective vehicle notices

  • Police pursuit offences

  • Reckless and negligent driving

  • Street racing or hoon offences

  • Drink and drug driving


Our speeding and fine lawyers in NSW take a strategic approach

At Brydens Lawyers, we understand that an infringement or penalty is not always as straightforward as it seems. Mitigating factors often necessitate individual consideration, rather than a one-size-fits-all approach. 

Whether you are facing a minor speeding infringement or a more serious traffic charge, our traffic lawyers will guide you through the entire process, ensuring you know where you stand. We will also evaluate your circumstances to determine whether contesting your penalty notice in NSW is worthwhile and in your best interests.

Our traffic offence lawyers will:

  • Thoroughly review all evidence, including police statements, photographs, radar or camera calibration records, and technical data to identify inconsistencies or errors.

  • Identify procedural errors or evidentiary weaknesses such as faulty equipment, incorrect signage, or breaches of proper police procedure.

  • Assess your individual circumstances and driving history to understand how the offence may impact your licence, employment, and personal situation.

  • Develop a tailored defence strategy that maximises your chances of success, whether through negotiation, review application, or court representation.

  • Present compelling submissions that highlight mitigating factors and advocate persuasively for the best possible outcome in your case.


What is your next step once you have been charged with the offence?

Once you receive a penalty notice, you have the opportunity to request a review through Revenue NSW. However, this must be done before the payment due date. To successfully seek a review, there must usually be exceptional circumstances, or you must believe there is an error in how the penalty was issued. For example, if you received a speeding penalty while rushing someone to the hospital in a medical emergency, you may choose to dispute it.

If Revenue NSW rejects your review request, you may have grounds to contest the penalty notice in the Local Court through the court election process. Whether this is advisable will depend on the seriousness of the offence, your driving history, and other personal circumstances.


When should you consult a Lawyer?

You should seek legal advice and representation before electing to have your penalty notice dealt with in the Local Court. Strict time limits apply to challenging your penalty notice, so it is essential to contact Brydens Lawyers as soon as possible. Our traffic law specialists in Sydney will help you navigate the complexities of the legal process, build a strong case, and advocate for the best possible outcome, as well as: 

  • Gather evidence that may be too challenging to organise yourself.

  • Structure your case to ensure it reflects your arguments against the penalty notice.

  • Advise you on the prospects of your proposed challenge.


What kind of traffic offences can I be charged with?

Traffic offences in New South Wales range from minor infringements to serious criminal law violations. Speeding offences, failing to adhere to traffic laws, and not wearing a seatbelt fall into the category of common infractions that result in the issuing of a penalty notice. However, more severe transgressions, such as drink driving offences, drug driving offences, and dangerous driving, can lead to more significant consequences, including the suspension of your licence or even criminal charges being laid.

The complete list of possible offences is vast, and disputing a penalty notice can be lengthy and complex. If Revenue New South Wales rejects your application for review, you may elect to have your case dealt with in the Local Court, at which time you may need the assistance of experts such as Brydens Lawyers for legal advice and representation.


Will I lose my driver’s licence?

There are several ways you may lose your licence. One is accumulating demerit points, which can result in a driving licence suspension in NSW, even if only minor offences have occurred over time. For more severe violations, such as drink driving or dangerous driving, the Court will impose harsher penalties, including longer suspension periods and/or the requirement to install an alcohol interlock device in your vehicle.


Why Brydens Lawyers is your best chance to argue your traffic offence claim

Navigating the complexities of traffic offences and the issuing of fines can be daunting. It is essential to understand your rights and the potential implications of any traffic offence. A police officer issuing an infringement notice for a speeding offence or any other traffic-related issue does not necessarily mean that it is the end of the road for your driving privileges. With proper legal representation, you can contest the charges, minimise the penalty or even secure a dismissal under certain circumstances.

At Brydens Lawyers, our expertise spans all areas of traffic law, from handling minor speeding offences to defending clients against allegations of alcohol or drug use whilst driving. Our team of skilled lawyers understands the nuances of all the motor vehicle regulations and is committed to providing you with the best possible advice and outcomes for your case. Whether you are facing a licence suspension or challenging an infringement notice, we are here to ensure your case is handled with the utmost care and professionalism. Contact us online or call 1800 848 848 today.

Make A Claim

Testimonials

In January I lost my license for 6 months due to a medical condition. I got in contact with Avinash Singh from Brydens Lawyers, straight away Avinash put me at ease. Within a week my license was renewed, and I was able to drive again. I was so impressed with the dealings I had with Avinash and Brydens Lawyers, I wouldn’t hesitate to use them again or recommend them to my family of friends.

Andrew Johns of the NRL

Avinash made us feel at ease and has taken the stress from us. Today I can say we are much happier as a family and we have our son back.

A client of our Criminal Law division

Ready to make a claim?
 Get started with Brydens Lawyers today!

We're here to assist you in claiming the compensation you deserve on a No Win, No Fee* basis. Enquire now to start your claim today. *Conditions apply.

Start My Claim

FAQs

How long do I have to respond to a penalty notice?

You have 21 days from the date of issue to contest a penalty notice in NSW. This deadline applies whether you choose to pay the fine, request a review through Revenue NSW, or elect to have the matter heard in the Local Court.

What happens if I ignore a penalty notice?

If you fail to pay a fine or contest an infringement with the advice of a speeding fine lawyer in NSW, you will receive an additional notice, giving you 28 days to take action. If you delay it any longer, an overdue fine notice and other enforcement costs will be issued.

What are valid grounds to contest a penalty notice in NSW?

There may be occasions where breaking road rules is unavoidable and necessary. Hiring a traffic offence lawyer in NSW is essential to argue that there were exceptional circumstances, which could include:

  1. Genuine medical emergencies requiring urgent hospital transport
  2. Mechanical defects you were unaware of (such as a faulty speedometer or brake failure)
  3. Situations of necessity or duress where you had no reasonable alternative
  4. Unclear, missing, or incorrect traffic signage at the offence location
  5. Speed limit changes were implemented without adequate warning or transition periods

Procedural or technical errors include:

  1. Faulty or improperly calibrated speed detection equipment
  2. Expired calibration certificates for speed cameras or radar devices
  3. Incorrect vehicle registration, make, model, or colour recorded on the notice
  4. Wrong location, date, or time details
  5. Police failed to follow proper procedure during the traffic stop or detection process

Factual disputes include:

  1. You were not the driver at the time of the alleged offence
  2. Witness evidence or dashcam footage contradicts the penalty notice details
  3. Vehicle odometer or GPS data disputes the recorded speed or location

Mitigating personal circumstances includes:

  1. Exemplary driving record spanning many years or decades
  2. First traffic offence in your entire driving history
  3. The offence being minimal, technical, or momentary in nature
  4. Critical dependence on your licence for employment, family care, or medical needs
  5. Significant hardship that would result from demerit points or licence suspension

What if I was not the driver when the offence occurred?

If you were not the driver when a camera-detected or parking offence occurred, you can complete a statutory declaration identifying the actual driver. You may otherwise need to declare that the vehicle was sold, stolen, or that you were otherwise not responsible.

Your declaration must be submitted to Revenue NSW within 21 days of receiving the penalty notice and include the full name, address, and licence details of the actual driver if known, or evidence that the vehicle was no longer in your possession (such as sale documentation or police report for stolen vehicles).

How long does the court election process take?

The court election process typically takes 3 to 6 months from the date you elect the Local Court to hear your traffic offence to your first court hearing date. Brydens Lawyers can help you manage proceedings and make the process as stress-free as possible, ensuring you stay informed and feel confident in your next steps.

How much does a traffic lawyer cost in NSW?

Costs vary depending on the complexity of your matter and the level of representation required. During your consultation, our traffic offence lawyers in NSW will provide you with an initial quote and share what outcome you can expect when your issue is resolved.