Traffic and Driving Offences - Big Rig Law Experts in Heavy Vehicle Law

Traffic and Driving Offences for ALL Drivers in Sydney:

What you need to know

In Australia, drivers face unique challenges on the road, and with these challenges come strict regulations. Traffic and driving offences are common among truck drivers due to the nature of their work. Whether it’s a speeding violation, dangerous driving charge, or even a mobile phone or traffic light violation, these offences can have serious consequences, from hefty fines to losing your licence. In some cases, these charges can threaten your livelihood.

At Big Rig Law, we specialise in defending you against general traffic and driving offences. We understand the pressures and complexities you face, and we’re available to help you navigate the legal process. Whether you’ve been pulled over on the road or received an infringement notice in the mail, we’re here to ensure you get the best possible outcome.

What Are Traffic and Driving Offences?

Traffic and driving offences occur when a driver violates the rules of the road. For truck drivers, the most common types of offences include:

Speeding: Exceeding the speed limit is one of the most frequent offences, particularly when drivers are under pressure to meet tight deadlines.
Failure to obey traffic signals: Running a red light or failing to stop at a stop sign can lead to fines and demerit points.
Mobile phone Offences: Its not just holding your phone that counts as “Use”. Mobile phone offences carry a $410 fine and you will lose 5 demerit points (10 during a double demerit period).
Dangerous driving: This includes behaviours such as tailgating, erratic lane changes, or speeding in hazardous conditions.

These offences can vary from minor infringements to major offences, and the penalties depend on the severity of the violation.

Why Do Traffic Offences Happen?

Drivers, in general, face many challenges on the road that can sometimes lead to unintentional traffic offences. Whether it’s navigating unfamiliar areas, managing fatigue, or dealing with heavy traffic, several factors contribute to common violations. Here are just a few of the many reasons drivers may find themselves facing charges

Fatigue and stress: Long hours behind the wheel, demanding schedules, and insufficient rest can impair concentration and decision-making, increasing the likelihood of speeding or other violations.
Unfamiliar routes: When driving in new areas, it's easy to overlook speed limits, road signs, or traffic signals, leading to accidental infractions.
Pressure to meet deadlines: Whether for work or personal commitments, the pressure to arrive on time can cause some drivers to exceed speed limits or skip necessary breaks.
Heavy traffic: Navigating congested city streets or busy highways can make it difficult to follow all traffic rules, especially when combined with stress or time constraints.

While these offences are often due to understandable circumstances, they still carry penalties that can impact both your personal and professional life.

What to Do If You’re Pulled Over for a Traffic Offence

Being pulled over for a traffic or driving offence can be stressful, but how you handle the situation can make a big difference. Here’s a standard protocol you should follow if you’re stopped by an officer:

1. Stay Calm and Cooperative

The first thing to remember is to remain calm. Pull over safely, turn off your engine, and wait for the officer to approach. Be polite and cooperative—arguing or being defensive will only make things worse. A calm, respectful attitude can often help reduce the severity of the situation.

2. Provide Necessary Documents

When the officer requests your licence, provide it promptly. Make sure you have your licence readily available whenever you’re on the road. Not having them can lead to additional fines or complications. If you only have your digital licence, remember to ask the officer before touching your phone.

3. Listen Carefully

If the officer explains that you’ve violated a traffic law, listen carefully to what they’re saying. Ask questions if you’re unclear about the details of the offence. Understanding the situation fully will help you when it comes time to address the charges.

4. Avoid Admitting Fault

While it’s important to be cooperative, avoid admitting fault on the spot. Saying something like “I didn’t realise I was speeding” can be seen as an admission of guilt, which may limit your options for disputing the offence later on. It’s best to acknowledge the situation without making statements that could be used against you.

5. Document the Situation

If you believe you were wrongly accused, start documenting the situation immediately. Take notes about the location, the weather, road conditions, and any other details that might be relevant to your case. This information could be useful if you decide to challenge the offence later on.

6. Contact Big Rig Law

After you’ve been pulled over, it’s a good idea to seek legal advice, especially if you’re facing serious charges or multiple fines. Big Rig Law is here to offer guidance. We’ll help you understand your rights and work with you to figure out the best course of action.

Penalties for Traffic and Driving Offences

The penalties for traffic offences can vary depending on the severity of the offence. In Australia, most traffic offences result in fines and demerit points, but more serious offences can lead to licence suspensions, vehicle impoundment, or even court appearances. Below is a general overview of potential penalties:

Minor Offences: These include things like low-level speeding or failing to stop at a stop sign, or Penalties typically involve fines starting at around $200 and a small number of demerit points.
Moderate Offences: For more serious offences, such as driving well over the speed limit, fines can range from $400 to $2,000, with a higher number of demerit points and possible license suspension.
Serious Offences: Dangerous driving, excessive speeding, or repeated offences can result in severe penalties. These may include court appearances, large fines, and licence disqualification.

At Big Rig Law, we specialise in helping truck drivers reduce these penalties. In many cases, we can negotiate to reduce fines or have charges dismissed altogether.

Can You Dispute a Traffic Offence?

Yes, traffic offences can be disputed, particularly if there are grounds to believe that the charge was unfair or the situation was misunderstood. Some of the most common reasons to dispute a traffic offence include:

At Big Rig Law, we can review the details of your case, identify any errors or inconsistencies, and help build a strong defence to reduce or dismiss your penalties.

How Big Rig Law Can Help

At Big Rig Law, we’re dedicated to defending truck drivers against traffic and driving offences. We understand how disruptive these charges can be, and we’re here to make sure you get the best possible outcome. Here’s how we can help:

Legal Representation: If your case escalates to court, we’ll represent you, fighting for reduced penalties or dismissal of charges.
Request for Review: If you believe you were not responsible or have a valid explanation, we can contact State Revenue to explain and seek leniency. We will tell you if its unlikely to be successful..
Ongoing Support: We’re not just here for one-off cases. We provide ongoing support to help you stay compliant with road laws and avoid future offences.

Traffic and driving offences can have serious consequences, but with the right approach and legal support, you can avoid the worst of the penalties. By following the correct protocol when pulled over and working with a trusted legal team like Big Rig Law, you’ll have the best chance of reducing fines, keeping your licence, and staying on the road. If you’ve been accused of a traffic or driving offence, don’t wait. Contact Big Rig Law today for expert legal advice and representation, and ensure you get the best possible defence.