Q: I have had a free phone consultation and want to start the process – what happens next?
A: After our call we will email you our Engagement Letter and Costs Agreement for you to review and sign. Once you have done this, we will be able to commence preparations on our end. We will also send you our Preparing for Court Checklist which will guide you through everything you need to start getting together for your court date, including providing you with guides for character references and your apology letter (if applicable).
Q: Do you require full payment upfront to commence work?
A: No, we are happy to engage in a variety of different payment plans tailored to suit your situation and we will only require the first part payment to commence work.
Q: I have just been caught drink driving – what happens next and how long will it take?
A: If you did not receive a Notice to Appear on the spot you will be receiving your charges in the mail. This can take 2-4 weeks, but the prosecution have 6 months from the date of the offence to file charges against you.
Q: I was caught drink or drug driving and have a court date coming up. Can I drive in the meantime?
A: Typically, yes. You will only be suspended from driving if you are issued with a Notice of Immediate Suspension. If you have not been issued this notice, you are able to continue driving until the matter is heard in court.
Q: I have been issued a Notice of Immediate Suspension and cannot drive until my matter is heard in court. Is there any way I can drive until my matter is dealt with?
A: Yes, within 28 days of your suspension you may lodge an appeal under Section 267 (1) and (2) of the Road Transport Act 2013. To be successful in this appeal, you must show the Court that you have exceptional circumstances for why you need your licence.
Q: I have received a demerit point offence that will mean I will lose my licence and I am guilty of the offence but I need my driver’s license for work, what can I do?
A: The short answer is nothing.
- As traffic offence specialists we get this question all the time.
- If you have accrued too many demerit points and the number of points have been added up correctly by RMS then if you are accepting guilt in relation to the offence, there is nothing you can do to prevent your driver’s licence from being suspended.
- If you have received an infringement notice for drink driving, drug driving or excessive speeding and you are guilty of the offence then you must incur the suspension/disqualification period off the road specified on the ticket, as it will be the mandatory minimum time that is legislated that you must serve, (be aware you will also incur demerit points after your suspension in relation to excessive speed offences).
Q: If I receive a demerit points suspension, will taking the matter to the Magistrates Court allow me to ask the Magistrate to reduce the time due to family hardship or other factors?
A: Again the short answer is no.
- There is nothing a Judicial Registrar, Magistrate or Judge can do in circumstances where you are pleading guilty but asking the Court to reduce the mandatory minimum time off the road. The Magistrates’ hands are tied, they have no power to reduce the time you have to serve off the road when it relates to demerit point suspensions and you would be wasting your time and actually putting yourself at risk of having the penalty increased.
- You can in certain circumstances request an internal review to the traffic camera office in exceptional circumstances, but only for the individual offence that the recent penalty applies to, and within the 28 day time period from the offence. You cannot request a review of the suspension itself.
- You can also elect to have the matter heard in court if an internal review is not successful, however again, this is in relation to defending the offence in a not guilty contest, and not to seek leniency, as there is absolutely nothing a Magistrate can do.
Q: Can I get a work licence, special hardship or restricted licence in NSW that allows me to drive between certain times?
A: Unfortunately not.
- In Queensland you might be able to apply for a work licence but in NSW this is NOT possible.
- We constantly get questions from potential clients asking how they can keep their driver’s licence when accepting guilt and without getting a section 10.
- If there was a way it could be done we would know about it and advise accordingly, unfortunately there is not.
- This is the law as it presently stands in NSW.
Q: I have just been charged with a drink driving offence of .081% BAC. It is a first offence but I am not eligible for a section 10 so I am likely to lose my licence – will I have to have an alcohol interlock fitted afterwards?
- All drink driving offenders in NSW will now be required to have an alcohol interlock installed for a minimum of 6-months, including first offences, unless it is a low-range first offence below 0.08.
Q: If I lose my licence in court, will I receive a conviction? Is there any way I can get no conviction recorded?
A: In NSW you cannot separate a conviction from a loss of licence. If you lose your licence, you will receive a conviction for this offence. You can only receive no conviction if you are granted a section 10, which finds you guilty of the offence but holds no licence loss or conviction attached.
Q: I want to challenge a red light camera ticket, is this something you can help me with?
A: Typically we do not deal with these sorts of matters as the cost of legal services outweighs the cost of the infringement notice.