More Than Just a Fine:Criminal Traffic Offences in Australia

For many Australians, a traffic violation means a fine in the mail and a few demerit points. However, a significant number of traffic matters are far more serious, crossing the line from a simple infringement into the realm of criminal law. Offences like drink driving, dangerous driving, or failing to stop after an accident can result in a criminal conviction, licence disqualification, and even imprisonment.

It is a critical misunderstanding to view all traffic matters as minor. They are a specialised and serious component of criminal law, with dedicated police units, prosecutors, and court procedures.

This guide will break down the major criminal traffic offences in Australia, explaining what they are, the elements police must prove, and the severe penalties they carry.

Important Note: Traffic law in Australia is legislated and enforced by each individual state and territory. While the core principles are similar, the specific names of offences, blood alcohol limits, and penalties can differ significantly. This article will use the law in New South Wales (NSW), primarily the Road Transport Act 2013, as a guiding example. It is essential to seek legal advice based on the specific jurisdiction of your matter.

For more on Australian traffic law, visit Australian Institute of Criminology.            

A key distinction exists between a simple traffic infringement and a criminal traffic offence.

• Infringement Notice: This is for minor offences like speeding (by a small margin) or running a red light. It’s typically handled by paying a fine and incurring demerit points, with no court attendance or criminal record.

• Criminal Offence: This is for more serious matters that require you to attend court. If you are found guilty by a magistrate or judge, the offence can result in a criminal conviction being recorded against your name, in addition to other penalties.

For more on traffic law distinctions, see Law Society of NSW.            

The following are some of the most common and serious traffic offences that are prosecuted in Australian courts.

Drink and Drug Driving (DUI / PCA Offences)

This is one of the most prosecuted criminal offences in Australia. The law prohibits driving while under the influence of alcohol or drugs. For alcohol, this is most commonly prosecuted as a Prescribed Concentration of Alcohol (PCA) offence, which means driving with a blood alcohol level over the legal limit.

In NSW, the PCA categories for a full licence holder are:

Driving Under the Influence (DUI) is a separate offence where police do not need a breath or blood reading. They only need to prove that you were influenced by alcohol or a drug to the extent that your driving ability was impaired.

Dangerous Driving

Dangerous driving is not about a simple mistake or momentary lapse in attention. It involves driving a vehicle in a manner that creates a serious potential or actual danger to the public. The standard is objective: would a reasonable person consider the driving to be dangerous?

This can include:

• Excessive speeding, especially in poor conditions or high-traffic areas.

• Street racing or engaging in a police pursuit.

• Falling asleep at the wheel.

• Being seriously distracted (e.g., by a mobile phone).

This offence becomes significantly more serious if it results in injury. Dangerous Driving Occasioning Grievous Bodily Harm (GBH) or Death are major criminal offences under the Crimes Act, carrying maximum penalties of many years in prison.

Driving Unlicensed, Suspended, or Disqualified

It is a criminal offence to drive without a valid licence. This is treated as an offence of "strict liability," meaning your reason for not having a licence is often irrelevant.

The seriousness escalates based on the reason:

• Unlicensed Driving: Never held a licence or it has expired.

• Driving While Suspended: Your licence has been temporarily suspended, often by police or the transport authority for accumulating demerit points or for a high-speed offence.

• Driving While Disqualified: This is the most serious category. It means a court has explicitly ordered you not to drive for a specific period, and you have defied that court order. This offence carries a high risk of imprisonment.

Failing to Stop and Assist ('Hit and Run')

A driver involved in an accident has a legal duty to stop at the scene and provide their details. If someone is injured, they must also render assistance and ensure emergency services are called. Fleeing the scene of an accident, commonly known as a "hit and run," is a serious criminal offence. The penalties are especially severe if someone has been injured or killed, as it shows a callous disregard for the safety of others.

For more on traffic offence penalties, visit Victorian Law Reform Commission.            

If convicted of a criminal traffic offence, a court can impose a range of penalties, including:

• Substantial Fines: Often thousands of dollars.

• Licence Disqualification or Suspension: A mandatory period where you are legally forbidden from driving.

• Demerit Points: Accruing too many points leads to licence suspension.

• Good Behaviour Bonds or Community Corrections Orders: These are alternatives to imprisonment but come with strict conditions.

• Imprisonment: For the most serious offences, a jail sentence is a very real possibility.

• A Criminal Record: This can impact your employment prospects, ability to travel overseas, and insurance premiums.

For sentencing guidelines, check NSW Courts.            

Traffic laws in Australia are designed to ensure the safety of everyone on the road, and they are enforced with significant consequences. Breaches that endanger the public are not treated as minor administrative issues but as serious criminal offences with the potential for life-altering penalties. Understanding the gravity of these laws is the first step towards responsible driving.

If you find yourself charged with a criminal traffic offence, the most important step you can take is to seek expert legal advice without delay. The right guidance can make a critical difference to the outcome of your case and your future.

For additional resources, explore Federation of Community Legal Centres, Australian Lawyers Alliance, College of Law, or Australian Human Rights Commission.            

AHL Legal: Your Criminal Law Partner

Facing criminal traffic charges or need advice? AHL Legal specialises in Australian criminal and traffic law, offering expert guidance on defence strategies and legal proceedings.