Traffic and Driving Offences

Driving without reasonable care and attention for the given circumstances can result in criminal charges. Examples include incidents like crashing due to tailgating, swerving, driver distraction, or failing to stop. This offence carries a maximum penalty of 12 penalty units for a first offence, and up to 25 units for any subsequent offences. Individuals charged with this crime may also face the possibility of having their driver's licence suspended for a period of time.

Driving at an excessive speed or in a manner that poses a danger to the public, based on the given circumstances, can result in criminal charges. Examples include reckless behaviours like driving at excessively high speeds, performing burnouts, or operating a vehicle on the wrong side of the road. This offence carries a maximum penalty of 240 penalty units, up to 2 years imprisonment, or both. It also mandates a minimum disqualification from driving for a period of 6–12 months.

Operating a vehicle without a valid or appropriate driver's licence can lead to criminal charges. The maximum penalties for this offence can range from 10 penalty units or up to 1-month imprisonment, up to 240 penalty units or 2 years imprisonment, depending on the specific charge and circumstances involved.

Failing to stop the motor vehicle as soon as practically possible after being given directions by a police officer. Examples might include failing to pull over and stop for a breath test or ignoring the flashing lights of a police vehicle. It carries a maximum penalty of 60 units or 6 months imprisonment for a first offence; and 120 units or 12 months’ imprisonment for a subsequent offence. If found guilty, the driver will automatically be disqualified for a period of at least 6 months (first offence) or 12 months (subsequent offence).

If a police officer is not present at the scene of an accident, the driver involved is required to report the incident to the police if a person, animal, or property has been injured or damaged. Examples include a collision that renders the other vehicle undrivable or results in the other driver sustaining a neck injury. The maximum penalties for failing to report an accident can range from 5 penalty units or up to 14 days imprisonment, up to 240 penalty units or 2 years imprisonment, depending on the specific details and circumstances of the offence.

Intentionally driving a motor vehicle in a way that causes one or more of the wheels to lose traction. Examples might include drifting, donuts and fishtailing. The maximum penalty is a fine of 5 units, but the Court also has the general discretion to suspend or cancel the driver’s licence.

Giving false or misleading statements to the police, regarding the identity of a driver responsible for committing an offence in a motor vehicle registered to them. Examples might include providing a fake name or address in relation to a speeding offence or an accident. Carries a maximum penalty of 60 units for individuals and 120 units for body corporates.

If your blood alcohol content (BAC) is higher than the legal limit, you are not allowed to operate a motor vehicle. Unless you have a zero BAC licence, such as a P plate, learner permit, or taxi driver's licence, the recommended amount is less than 0.05 percent; any higher amount would exceed the drink-driving limit. Usually, the magistrate has to cancel your licence and prevent you from driving for a predetermined period of time. Your charge and the date of the offence will determine the sentence for any drink driving offence. The penalties for drink drivers are becoming harsher.

The police may charge you with an offence of drug driving if they think that you had a drug in your system while you were driving and this has affected your driving. If you are found guilty of drug driving offences, you may face a range of penalties, including fines, jail time, licence cancellation and disqualification, and mandatory participation in a behaviour change program. The specific penalties depend on the offence, your blood drug levels, and whether it's a first or repeat offence. Fines can range from 12 to 270 penalty units, while jail time can be up to 18 months. Your licence may be cancelled, and you may be disqualified from driving for 6 months to 2 years. The penalties are generally more severe for repeat offenders.