bos-legal-logo-tpx-white-1-550x145
BOS LEGAL
Free 20-minute Call

Traffic & Drink Driving Lawyers Sydney

Charges, bail, drink and drug driving, licence appeals and disqualification removal. Local Court through to appeal.

If you’ve been charged, suspended or given a court date, the first thing you need is a straight answer about what actually happens next and what it’s likely to cost. BOS Legal acts in criminal and traffic matters in the Local, District and Supreme Courts across New South Wales. Urgent matters answered the same day, seven days.

Free 20-minute Call
Call (02) 8000 1220

Court date this week? Call. Don’t email.

Right now

What’s happened?

Every one of these has a deadline attached. Tap the one that’s yours.

Charged and given a court date

A Court Attendance Notice sets your first mention. What you do before that date shapes the outcome more than the day itself.

Advice before you plead

Licence suspended by police

Immediate suspensions can be appealed to the Local Court, but the window is short and it does not reopen.

28 days to appeal

Arrested or refused bail

Bail can be applied for in the Local Court, and again in the Supreme Court if refused. This is a today problem.

Call (02) 8000 1220

Disqualified and off the road

If you've been offence-free long enough, the Local Court can remove your disqualifications entirely.

2 or 4 years offence-free

What we do

Criminal and traffic lawyers for Local Court through to appeal

Both sides of the practice, from a first drink driving charge to an indictable matter.

Most criminal matters in New South Wales start and finish in the Local Court. The ones that don’t go to the District Court, either on indictment or on appeal. We act at every stage: the police station, the first mention, the plea, the hearing, the sentence and the appeal. And we act in the traffic and licensing matters that most criminal firms treat as an afterthought, because for a lot of people the licence is the whole problem.

What we draft, review and negotiate

Traffic & Licensing

Same-day advice

Drink driving and PCA offences

Novice, special, low, mid and high range prescribed concentration of alcohol, driving under the influence, refusing a breath test or analysis, and the mandatory interlock program.

Drug driving and drug offences

Positive roadside tests and drug driving charges, and separately possession, use, supply, deemed supply, ongoing supply, commercial and large commercial quantity, cultivation, manufacture and drug premises, including Drug Court and diversion options.

Licence suspension appeals

Police and Transport for NSW suspensions, demerit point suspensions for provisional and learner drivers, and high-range speed suspensions.

Disqualification removal

Applications to remove outstanding disqualifications after a two or four year offence-free period, and quashing legacy habitual traffic offender declarations.

Driving while disqualified or suspended

Including unlicensed driving, and matters where the disqualification itself may be defective on the record.

Dangerous, negligent and reckless driving

Including menacing driving, police pursuit charges, speeding and traffic infringements, and matters causing injury or death.

Criminal charges

Local Court to appeal

Assault and violence offences

Common assault, assault occasioning actual bodily harm, reckless wounding and grievous bodily harm, affray, assault police, intimidation and stalking, choking and strangulation, robbery and armed robbery.

Apprehended violence orders

Applying for them and defending them: provisional, interim and final orders, variations, and charges for contravening an order.

Fraud and dishonesty offences

Fraud and obtaining benefit by deception under s 192E of the Crimes Act, large-scale and multi-count fraud, larceny, shoplifting, employee theft, break enter and steal, receiving stolen goods, goods in custody, identity crime, money laundering, and Centrelink and tax matters.

Sexual offences

Sexual assault and aggravated sexual assault, sexual touching and sexual act offences, child sexual offences, possession of child abuse material, image-based abuse, grooming offences, and historical allegations.

Bail applications

Local Court release applications, bail variations and detention applications, and Supreme Court bail where bail has been refused.

Appeals and annulments

Severity and conviction appeals to the District Court, all grounds appeals, annulment applications where you were dealt with in your absence, and appeals from the District Court.

Diversion and mental health applications

Section 10 dismissals and conditional release orders, and applications under s 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act.

Police interviews and investigations

Advice before you speak to police, attendance at interviews where appropriate, and advice on search warrants, seizure and charge negotiation.

Not sure how serious your charge is? That’s the first thing we’ll tell you→

Your charge not listed? It is almost certainly still work we do. These are the categories that come up most, not every offence in the Crimes Act or the Road Transport Act. Tell us what you have been charged with and we will tell you on the call.

The question everyone asks

No, there is no work licence in NSW

Here’s what there actually is.

This is the most common question we are asked, and most people have already been given the wrong answer by someone at work. In New South Wales there is no work licence, no restricted licence and no hardship licence. If you are disqualified or suspended, you cannot drive at all, for any reason, including to get to your job.

Work licences exist in Queensland, Western Australia, the ACT and Tasmania. They have never existed here. That is the bad news, and every honest traffic lawyer in this state will tell you the same thing. The good news is that New South Wales has four other doors, and three of them close on a deadline.

Does not exist in NSW

Work licenceRestricted licenceHardship licenceDrive-to-work permit

None of these are available in New South Wales. Any lawyer who offers to get you one is describing another state's law.

1

Appeal the suspension

What it doesThe Local Court can quash a police or Transport for NSW suspension entirely, or shorten it. A Transport for NSW suspension is paused once the appeal is lodged, so you can usually keep driving until it is heard. A police on-the-spot suspension is not paused: you stay off the road unless the court makes a separate stay order.

When it appliesWithin 28 days of the notice. Not available for every suspension type, including demerit point suspensions on a full licence and breaches of a good behaviour licence.

2

A non-conviction at sentence

What it doesUnder s 10 of the Crimes (Sentencing Procedure) Act 1999, the court can find the offence proven but record no conviction, by dismissal or a Conditional Release Order. No conviction means no automatic disqualification.

When it appliesOnly before you are sentenced, and it is entirely discretionary. This is why the preparation done before the court date matters more than anything said on it.

3

The alcohol interlock program

What it doesTrades a longer full disqualification for a shorter one followed by a period driving a vehicle fitted with an interlock device. You do drive again, sooner, on conditions.

When it appliesMandatory for most mid and high range and repeat offences. Participation is commonly a minimum of around 12 months for a first mid range offence and around 24 months for a first high range offence.

4

Disqualification removal

What it doesThe Local Court can remove all outstanding disqualifications, including legacy habitual traffic offender declarations, if you have been offence-free long enough.

When it appliesAfter a four-year offence-free period for major offences, two years otherwise. Certain serious offences make you permanently ineligible.

If someone has told you they can get you a work licence in New South Wales, they are wrong, and it is worth asking what else they are wrong about.

Sources and legislation
  • Legal Aid NSW — guidance that Transport for NSW does not provide a work or restricted licence, and that a disqualified driver cannot drive under any circumstances.
  • Road Transport Act 2013 (NSW), Part 7.4 Division 3A — applications to the Local Court for removal of a disqualification after an offence-free period.
  • Crimes (Sentencing Procedure) Act 1999 (NSW), s 10 — dismissal of a charge, and a Conditional Release Order without conviction.

General information only. This page describes the law in New South Wales in general terms and is not legal advice for your situation. Reviewed September 2026.

Start to finish

What happens in a NSW criminal matter, from charge to sentence

Most people we act for have never been to court. Here’s the shape of it, so the first mention isn’t the first time you hear any of this.

  1. The charge

    Police either issue a Court Attendance Notice or arrest and charge you. The notice tells you the offence and your first court date. Read it and keep it, because everything runs off that document.

  2. Bail

    If you are not released, bail is decided at the police station and then in the Local Court. If bail is refused, a further application can be made in the Supreme Court. This part moves in hours, not weeks.

  3. The first mention

    Your first court date. You do not have to plead on the day, and often you should not. This is where we request the police brief, ask for time, and start working out whether the case is as strong as it looks.

  4. The brief and the decision

    We read the evidence: the facts sheet, the statements, the certificates, the body-worn footage. Then you decide whether to plead guilty, negotiate the facts, or fight it. That decision should be made on the evidence, not on nerves.

  5. Negotiation or hearing

    Many matters resolve by negotiating the charge or the agreed facts to something that carries a different penalty. If it does not resolve, it is a defended hearing before a magistrate.

  6. Sentence, and then appeal

    If it is proven, the court sentences. A well-prepared sentence, with the right references, courses and material, is often what separates a conviction from a non-conviction. If the result is wrong, there are 28 days to appeal to the District Court.

Three ways a matter ends
Withdrawn or dismissedThe evidence does not hold, or the charge is negotiated away.
Proven, no convictionA section 10 dismissal or a Conditional Release Order. No criminal record, no automatic disqualification.
Convicted and sentencedA fine, a bond, a community order or, in serious matters, custody. Then the appeal question.

We cannot promise you which of those you will get, and you should be careful of anyone who does. What we can do is make sure the court hears the strongest honest version of your case.

Drink & drug driving

Drink driving in NSW: the five ranges and what each one means

The range decides almost everything: whether it’s a penalty notice or a court date, how long you’re off the road, and whether the interlock program applies.

Drug driving works differently. There is no range: the offence is the presence of the drug, not the amount, and a positive roadside test is not the end of the matter.

Drug driving

Drug driving in NSW works differently

A trace is the same offence as a heavy reading, and the roadside test is only the start of it.

There is no range for drug driving. The offence is the presence of the drug in your system, not the amount, and not whether you were affected by it. A roadside test detects THC, methamphetamine, MDMA and cocaine, and a positive result is confirmed by a laboratory analysis of the sample. That confirmation process, and the time between use and testing, is often where these matters are actually won or lost. A positive roadside test is not the end of the matter.
Roadside tests detectTHC (cannabis)MethamphetamineMDMACocaine
Presence, not amountA trace reading is the same offence as a heavy one. There is no equivalent of the low, mid and high ranges.
The lab confirms it, not the roadsideA positive roadside test is sent for laboratory analysis. The confirmation process, and how the sample was handled, is often where these matters are actually decided.
Detection outlasts the effectCannabis in particular can be detected well after any effect has worn off, which is how people test positive days later believing they were fine to drive.

A positive roadside test is not the end of the matter. Get advice before you plead. Whether you have a defence, and whether a non-conviction is realistic, depends on things that are not obvious from the notice you were handed.

Licence appeals

Appealing a licence suspension in NSW

Two different suspensions, two different rules about whether you can keep driving. The first thing to work out is which one you have.

Transport for NSW

A notice in the mail

Usually arrives after a fine is paid or a final notice is missed. Common reasons are speeding by more than 30km/h or 45km/h, or demerit accumulation on a learner or provisional licence. The notice states the date the suspension starts.

You can usually keep drivingLodging the appeal stays the suspension until the court hears it. Lodge before the start date on the notice, and confirm your status with Transport for NSW before you drive.
NSW Police

Taken on the spot

Issued at the roadside for serious matters: mid and high range PCA, drug driving, dangerous driving, certain hoon offences, and provisional drivers caught well over the limit. The suspension starts immediately and you cannot drive away.

You cannot keep drivingLodging an appeal does not pause a police suspension. You stay off the road unless the court makes a separate stay order, and it will only do that in exceptional circumstances.

Which suspensions can be appealed

  • Police immediate suspensionAppealable within 28 days. The court can quash or vary it, but the test is exceptional circumstances, which is a higher bar than ordinary hardship.
  • Speeding by more than 30km/h or 45km/hTransport for NSW suspensions for excessive speed are appealable to the Local Court.
  • Demerit points, learner and provisional licencesAppealable. Note that if the appeal succeeds the points are not wiped, so a single further offence can trigger another suspension.
  • Medical grounds, or "not a fit and proper person"Appealable, and usually turns on medical evidence rather than hardship.
  • Demerit points on a full licenceGenerally not appealable. Reaching the limit on an unrestricted licence usually means choosing between the suspension and a good behaviour licence.
  • Unpaid finesNot an appeal matter. This is lifted by dealing with the debt: payment, a plan, or a work and development order if you are eligible.
  • A court-ordered disqualificationNot a suspension and not appealable this way. That is either a sentence appeal, or an application to remove the disqualification later.

How the appeal runs

1Lodge in 28 daysApplication filed at the Local Court, with the filing fee. Late applications generally cannot be heard at all.
2Build the evidenceEmployer letters, rosters, medical or carer material, driving record, courses completed, character references.
3The hearingA magistrate decides. You must attend. Failing to appear usually means the appeal is dismissed on the spot.
4The outcomeThe suspension is quashed, shortened, or confirmed. If it is confirmed you serve it, and there is no further appeal.

Hardship on its own is rarely enough. Every applicant needs their licence for work. What moves a magistrate is the whole picture: your record, what actually happened, what you have done since, and whether the court can be satisfied the risk has been dealt with. That case is built before the hearing, not on the day.

Getting back on the road

Disqualification removal in NSW

If you have been offence-free long enough, the Local Court can remove every disqualification you are still serving. Most people who are eligible don't know the scheme exists.

4 yearsOffence-free period

If a disqualification came from a major offence

  • Drink driving and PCA offences
  • Drug driving
  • Dangerous, reckless or menacing driving
  • Street racing, burnouts and similar
  • Failing to stop after an accident
2 yearsOffence-free period

Everything else, and legacy declarations

  • Disqualifications from any other driving offence
  • Disqualifications that came from a habitual traffic offender declaration made before the scheme was abolished in October 2017

Offence-free means exactly that

The clock runs on convictions, not on the disqualificationThe period is measured by staying free of driving offences, not by how much of the disqualification you have served. One conviction restarts it.
The whole record countsThe court looks at your traffic and criminal records together. Get both before applying, so nothing turns up on the day that you did not know was there.
Success removes all of themAn order under s 221B removes every outstanding disqualification you are subject to, not just the one you applied about. You then have to apply to Transport for NSW for a new licence before driving.
A refusal costs you 12 monthsIf the application is refused you generally cannot reapply for another year, which is why a weak application is worse than no application.
Interlock orders sit outside thisIf you are subject to a mandatory interlock order, early removal of the disqualification is not available to you.

Never eligible, whatever the offence-free period

  • Murder or manslaughter involving a motor vehicle
  • Causing death or grievous bodily harm by driving
  • Predatory driving
  • Police pursuit offences
  • Negligent driving causing death or grievous bodily harm
  • Wounding by motor vehicle under the Crimes Act

A conviction for any of these at any time makes a person permanently ineligible under s 221D, even if it is historic and even if it never resulted in the disqualification now being served.

People stay off the road for years without knowing this exists. The scheme started in October 2017 and it is not something Transport for NSW writes to tell you about. If you have been disqualified a long time and have kept out of trouble, it is worth twenty minutes to find out whether you are already eligible.

Drive while disqualified

Driving while disqualified, suspended or cancelled

This is a criminal charge under s 54 of the Road Transport Act, not a traffic infringement, and prison is on the table from the first offence.

This is a criminal charge, not a traffic infringement. Driving while disqualified, suspended or cancelled is an offence under s 54 of the Road Transport Act 2013. It carries a possible prison sentence even on a first offence, a criminal conviction, and a further disqualification stacked on top of the one you were already serving.

Maximum penalties

First offence
  • Maximum fine$3,300
  • Maximum imprisonment6 months
  • Automatic disqualification6 months
  • Court may reduce to3 months
Second or subsequent
  • Maximum fine$5,500
  • Maximum imprisonment12 months
  • Automatic disqualification12 months
  • Court may reduce to6 months

Where these matters are actually won

Did you know you were disqualified?Notices go to the address on the licence record. People move, mail is missed, and a suspension that started while the notice sat at an old address is a real issue rather than an excuse.
Was it a road or road-related area?The offence requires driving on a road or road-related area. A private driveway, some private car parks and certain private land are not covered, and the prosecution has to prove it.
Had the disqualification actually started, or already ended?Start and end dates get altered, and periods sometimes run concurrently rather than back to back. Checking the record against the charge is the first thing we do.
Was there a genuine emergency?Necessity is a narrow defence and rarely made out, but a medical emergency or a threat to safety is worth putting properly rather than mentioning in passing.
If it is proven, the sentence is the fightThese matters are frequently about avoiding gaol and avoiding a conviction rather than about liability. What you bring to court, and when you plead, changes the result more than anything said on the day.

Do not drive to court. It happens more than you would think, and being caught doing it turns one charge into two. If you are disqualified and have a court date, arrange a lift.

Watch the clock

The NSW licence and court deadlines that catch people out

Miss one of these and options close permanently. These are the four that catch people out.

Deadlines run from the date on the notice, not the date you opened the envelope.

The money

What a criminal or traffic lawyer costs in Sydney

What it costs, and what you get for it

Fixed fees on most traffic matters

Licence appeals, disqualification removal applications, drink and drug driving pleas and Local Court traffic matters are quoted as a fixed fee before we start. You know the number before you commit.

Criminal matters quoted by stage

A Local Court plea, a defended hearing and a District Court appeal are each quoted separately, so you are never committing to a figure you cannot see the end of.

What the first call covers

Twenty minutes, no charge. Tell us what you have been charged with and we will tell you which court it goes to, roughly what the range of outcomes looks like, and what the first stage costs.

Legal Aid

If you may be eligible for Legal Aid or Aboriginal Legal Service representation, we will tell you. It is not in your interest to pay privately for something you are entitled to have funded.

Indicative fixed fees

A guide only. Your quote comes in writing after the first call, once we know the charge and the court.

  • Licence suspension appealPreparation, material and Local Court appearancefrom $3.3k+
  • Disqualification removal applicationEligibility check, application and appearancefrom $3.7k+
  • Drink or drug driving pleaLocal Court, including sentencing materialfrom $3.3k+
  • Local Court mentionAppearance on your behalffrom $990
  • Defended hearing, Local CourtQuoted after we have read the police briefon estimate

Court date coming up?

Book the 20-minute call. We will tell you what happens on the day and what it costs to have someone there.

Book the 20-minute call

Your lawyers

Who acts for you

Three solicitors act in criminal and traffic matters at BOS Legal. Jack Leitner and Daniel Shestowsky are Accredited Specialists in Criminal Law and work with the firm as consultant solicitors. Erica Bosloper is the firm's principal. Which of them runs your matter depends on what it involves.

Consultant Solicitor

Jack Leitner

Consultant Solicitor to BOS Legal · B.SocSc (Crim), LL.B (Hons), GDLP · Admitted NSW 2003

20+Years in practice
2003Admitted, NSW
Jack Leitner, Sydney criminal and traffic lawyer, Accredited Specialist
Law Society of NSW Accredited Specialist, Criminal LawAccredited SpecialistCriminal Law, conferred 2015

Jack has practised criminal law for more than twenty years. He came to it through criminology, and that background still shapes how he reads a brief: what the offence is on paper, and what actually happened.

He appears in Local Courts across New South Wales and in the District and Supreme Courts, mainly across the Sydney metropolitan region, in everything from a first drink driving charge to serious indictable matters.

His view is that the client belongs on the legal team, not on the sidelines of it. That means explaining the charge, the case the prosecution actually has, and which decisions are yours to make.

Local CourtDistrict CourtSupreme CourtTraffic & licensingIndictable matters
Book a call with Jack Full profile

Consultant Solicitor

Daniel Shestowsky

Consultant Solicitor to BOS Legal · BA (Pol), LL.B, GDLP · Admitted NSW 2014

11+Years in practice
2014Admitted, NSW
Daniel Shestowsky, Sydney criminal and traffic lawyer, Accredited Specialist
Law Society of NSW Accredited Specialist, Criminal LawAccredited SpecialistCriminal Law, conferred 2025

Daniel has practised criminal and traffic law for more than eleven years, appearing across the full width of the New South Wales court system, from the Children's Court and the Local Court through to the District and Supreme Courts.

His caseload has covered drug possession and supply, drink driving, assault, sexual assault, robbery and large-scale fraud. A summary traffic matter in a busy Local Court list and an indictable matter before a jury are different disciplines, and he works in both.

He will tell you what the law says, what the prosecution case looks like and what the realistic range of outcomes is, including the parts that are hard to hear.

Children's CourtLocal CourtDistrict CourtSupreme CourtJury trials
Book a call with Daniel Full profile

Principal

Erica Bosloper

Principal, BOS Legal · Admitted NSW

Principal
20Years in practice
2006Admitted, NSW
Erica Bosloper, Principal of BOS Legal

Erica is the principal of BOS Legal and acts in criminal and traffic matters alongside her commercial litigation practice. She takes on Local Court criminal and traffic work in her own right and works with Jack and Daniel on matters that call for their specialist experience.

Whoever runs your file, you get the same thing at the first conference: the charge explained, the evidence assessed, and a realistic view of where it can go.

Local CourtDistrict CourtTraffic & licensingCommercial litigation
Book a call with Erica Full profile

Why BOS Legal

Why BOS

Built for the fight you’d rather not have

Same-day on urgent matters

Bail, suspensions and imminent court dates are answered the day they come in, seven days.

Traffic taken seriously

Licence matters get the same preparation as a criminal charge, because for most people the licence is what pays the mortgage.

Told straight

A realistic picture of the range of outcomes, including the ones you would rather not hear. No promises about results, from us or anyone.

Sydney CBD, courts state-wide

Grosvenor Place, minutes from the Downing Centre. Appearances across 40+ NSW courts.

If your job is on the line too
A criminal conviction can affect your employment, your occupational licences and your right to work in certain roles. If the charge has put your job at risk as well, we act in both.

Employment Law

Every charge, A to Z

Same-day advice
Traffic and licensingLocal Court, and the District Court on appeal
18
  • Drink driving (PCA)
  • Novice, special and low range
  • Mid and high range
  • Driving under the influence
  • Drug driving
  • Refusing a breath test or analysis
  • Dangerous driving
  • Negligent driving
  • Driving whilst disqualified
  • Driving whilst suspended
  • Unlicensed driving
  • Licence appeals
  • Suspension appeals
  • Habitual offender declarations
  • Interlock orders
  • Speeding and infringements
  • Police pursuit
  • Menacing driving
Violence and domesticLocal Court, and the District Court for indictable matters
13
  • Common assault
  • Assault occasioning actual bodily harm
  • Reckless wounding
  • Grievous bodily harm
  • Domestic violence offences
  • Apprehended violence orders
  • Contravene an AVO
  • Affray
  • Assault police
  • Intimidation and stalking
  • Robbery
  • Armed robbery
  • Choking and strangulation
Drug offencesLocal, District and Supreme Courts
11
  • Possession
  • Use of a prohibited drug
  • Supply
  • Deemed supply
  • Ongoing supply
  • Commercial quantity
  • Large commercial quantity
  • Cultivation
  • Manufacture
  • Drug premises
  • Importation (Commonwealth)
Dishonesty and fraudLocal and District Courts
11
  • Fraud
  • Obtain benefit by deception
  • Large scale and multi-count fraud
  • Larceny
  • Shoplifting
  • Break, enter and steal
  • Receiving stolen goods
  • Goods in custody
  • Identity crime
  • Money laundering
  • Centrelink and tax fraud
Sexual offencesDistrict and Supreme Courts
9
  • Sexual assault
  • Aggravated sexual assault
  • Sexual touching
  • Sexual act
  • Child sexual offences
  • Possession of child abuse material
  • Image-based abuse
  • Grooming offences
  • Historical allegations
Bail, appeals and court processEvery level, from first mention to appeal
14
  • Bail applications
  • Release applications
  • Bail variations
  • Detention applications
  • Severity appeals
  • Conviction appeals
  • All grounds appeals
  • Annulment applications
  • Section 10 and conditional release orders
  • Diversion applications
  • Mental health applications (s 14)
  • Sentence proceedings
  • Defended hearings
  • Trials

Still not listed? This index covers the charges that come up most, not every offence in the Crimes Act or the Road Transport Act. If yours is not here it is almost certainly still work we do. Tell us what you have been charged with and we will tell you on the call.

Get a straight answer!

No charge for the first conversation. Confidential.

Criminal & traffic

FAQ

Criminal and traffic questions, answered straight

Real answers with the NSW deadlines and numbers in them. If yours isn't here, it's a 20-minute call and there's no charge.

No. New South Wales has no work licence, restricted licence or hardship licence. Legal Aid NSW puts it plainly: Transport for NSW does not provide one, and a disqualified driver cannot drive under any circumstances. Work licences exist in Queensland, Western Australia, the ACT and Tasmania, which is where the confusion usually comes from. What NSW does have is suspension appeals, non-conviction orders at sentence, the alcohol interlock program and disqualification removal. Those are the four real options.

Often yes, but quickly. Most police and Transport for NSW suspensions can be appealed to the Local Court within 28 days of the notice, and the court can quash the suspension entirely or shorten it. Whether you can keep driving in the meantime depends on who suspended you. A Transport for NSW suspension is paused once the appeal is lodged, so you can usually keep driving until it's heard. A police on-the-spot suspension is not paused: you must stay off the road unless the court makes a separate stay order, and it will only do that in exceptional circumstances. Some suspensions can't be appealed at all, including demerit point suspensions on a full licence and breaches of a good behaviour licence, so the first thing to work out is which category you're in.

Under s 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW) a court can find an offence proven but decline to record a conviction, either by dismissing the matter outright or by making a Conditional Release Order without conviction. No conviction means no criminal record for that matter and no automatic disqualification. It is entirely discretionary. The court looks at the objective seriousness of the offence, your record, your character, and what you’ve done since. It is not something anyone can promise you, and the work that makes it possible happens before the court date, not on it.

Possibly. Under the Road Transport Act 2013 (NSW), if you’ve completed an offence-free period of four years for major offences, or two years otherwise, you can apply to the Local Court for an order removing your outstanding disqualifications. A successful application removes all of them. Certain serious offences, including causing death or grievous bodily harm by driving, make you permanently ineligible. If your application is refused you generally have to wait 12 months to reapply, so it’s worth getting the application right the first time.

The habitual traffic offender scheme was abolished on 28 October 2017 and no new declarations can be made. Existing declarations, though, did not disappear on their own. If you were declared before that date you may apply to the Local Court to have the declaration quashed, or apply to have your disqualifications removed under the offence-free scheme. Plenty of people are still off the road under a declaration that could be dealt with.

No, and often you shouldn’t. The first mention is where the matter is listed and the police brief is requested. It’s normal to ask for an adjournment so your lawyer can read the evidence before you decide anything. A guilty plea entered early does attract a sentencing discount, but pleading before anyone has read the brief is how people plead guilty to charges that wouldn’t have survived.

If you were dealt with in your absence and didn’t know about the proceedings, you can apply to the Local Court to have the conviction annulled, generally within two years of the decision. If the annulment is granted, the matter is heard again as though it hadn’t been decided. This comes up most often with fines and traffic matters where the notice went to an old address.

You are generally required to give your name and address. Beyond that, you’re entitled to get legal advice before answering questions, and in most situations you should. A recorded interview is evidence, and it’s evidence you can’t take back. Call first.

Most traffic matters are quoted as a fixed fee before work starts. Criminal matters are quoted by stage: the plea, the hearing and any appeal are each priced separately. What it shouldn’t be is an open-ended hourly account with no estimate. And if you may be eligible for Legal Aid or Aboriginal Legal Service representation, we’ll tell you rather than take the file.

Sometimes, and it’s worth knowing before you plead. A conviction can affect working with children and police checks, some occupational licences, visa applications, and entry to certain countries. That’s frequently a stronger reason to seek a non-conviction than the penalty itself, and it’s something to raise with us early rather than after sentence.

Checking…

Before your deadline runs out

Twenty minutes now is worth more than a month of worrying about it

Every deadline on this page runs from the date printed on your notice, not the day you get around to dealing with it. If something has landed, the sooner we see it the more options you still have.

You speak to a solicitor

Jack, Daniel or Erica. Bring the notice, the charge sheet, or whatever you were handed.

You leave knowing your deadline and your options

Which court, what the realistic range of outcomes is, and whether you need us at all.

You get the cost in writing before anything starts

Fixed fee on most traffic matters. Stage estimates on criminal matters. No open accounts.

Checking…
CALL US DIRECTLY

(02) 8000 1220

OR
OR
Book the free 20-minute call
No charge, no obligation. Court date this week? Say so and we’ll move it to the front.
Other practice areas

One firm for the rest of it

Legal problems rarely stay in one lane. A charge can put a job at risk, a separation can raise questions about the business, an estate can end up in dispute. If your situation touches more than one of these, say so on the first call.
Contact us
Agency appearances →

Sydney and regional NSW court appearances for interstate and out-of-town solicitors. Fixed fee, same-day confirmation, court-by-court pricing.

Agency appearances →
Commercial Litigation & Dispute Resolution →

Contract, shareholder, debt and business disputes in every NSW court. A written view on prospects and cost before you commit to a fight.

Commercial litigation →
Employment Law & Fair Work Commission →

Unfair dismissal, general protections, redundancy and restraints of trade. Acting for employees and employers. Strict 21-day deadlines apply.

Employment law →
Family Law →

Separation, property settlement, parenting arrangements and de facto claims. Clear advice at a difficult time, without inflaming it.

Family law →
Wills & Estates →

Wills, powers of attorney, probate and estate administration, and contesting a will in NSW. Structured properly the first time, so your family isn't left arguing.

Wills & estates →
Corporate & Commercial Advisory →

Company structures, shareholders agreements, contracts and business sales. Set up properly now, so the dispute never starts.

Corporate advisory →
Free 20-minute call

Tell us what's happened.

Leave your name and number. A lawyer calls you back, tells you where you stand and what happens next. No charge, no obligation.

Same-day callback on urgent mattersConfidential
Prefer to talk now? (02) 8000 1220 Sydney CBD · 7 days
No charge, no obligation

Tell us what's happened.

Twenty minutes with a lawyer. You'll leave the call knowing where you stand, what your options are, and what the first step costs.

1You send this2We call you back3You know where you stand
Prefer to talk now? (02) 8000 1220 Confidential · Sydney CBD