DRIVING OFFENCES

Nichole has experience from licence appeals to serious criminal matters. Whatever your criminal matter Nichole can assist. A strong advocate, Nichole loves being in court and has positive relationships with local practitioners, barristers and the prosecution.

Licence appeals
Drink Driving
Driving under the influence
Low Range Drink Driving
Mid Range Drink Driving
High Range Drink Driving

Dangerous Driving
Drive whilst disqualified
Speeding Offences
Mobile Phones Offences
Negligent Driving

Driving Offences: Results

Single Offences

Drive Whilst Suspended – First Offence

Offence: Drive whilst suspended – first offence

Maximum Penalty: $3,000 or imprisonment for 6 months

Minimum Penalty: disqualification 3 months

Result: 3 months disqualified and fine of $1,800

Mid-Range DUI – first offence

Offence: Mid-Range DUI – first offence

Maximum Penalty: Imprisonment 9 months and/or fine $2,200
Minimum Penalty: Automatic licence disqualification 12 months or 6 months

Result: Disqualified 4 months; fine $900 and Community Service Order 12 months

Six times over the limit

Offence: A women pled guilty to High Range PCA – First offence and failing to provide particulars after colliding with two parked vehicles.

Maximum Penalty: Imprisonment – 18 months (max) and/or fine $3,3200.00 max. Automatic Licence Disqualification – 3 years or 12 months (min)

Result: Sentenced to an Intensive Corrections Order for 9 months, 50 hours community service and disqualified from driving for 9 months.

Drive Whilst Suspended – First Offence

Offence: Drive whilst suspended – first offence

Maximum Penalty: $3,000 or imprisonment for 6 months
Minimum Penalty: disqualification 3 months

Result: 4 months disqualified and fine of $800

Drive motor vehicle on road during disqualification period - prior offfence

Maximum Penalty: Imprisonment 12 months and/or $5,500 fine, Automatice /mandatory licence disqualifaction: automatic 12 months disqualification or 6 months (Min)

Facts: 8 drive while disqualifed

Result: ICO, Home detention for 9 months, 8 months disqualified, $4,000 fine

Mid-range PCA - first offence

Maximum Penalty: Imprisonment 9 months and/or $2,200 fine

Disqualification: 3 months (min); 6 month (max)

Result: 3 months disqualification and $500 fine

Drive Whilst Suspended – First Offence

Offence: Drive whilst suspended – first offence

Maximum Penalty: $3,000 or imprisonment for 6 months
Minimum Penalty: disqualification 3 months

Result: 4 months disqualified and fine of $800

Multiple Offences

Mid Range DUI - First Offence, Exceeding Speed Limit >20Kms, & Drive Whilst Disqualified - First Offence

Offence 1: Mid Range DUI – first offence

Maximum Penalty: 9 months imprisonment and/or a fine of $2,200, Automatic licence disqualification for 12 months (max); Min disqualification for 6 months

Result: Disqualified for 3 months and fine of $600

Offence 2: Exceed speed limit >20km

Maximum Penalty: Fine $2,200

Result: Fine of $250

Offence 3: Drive whilst disqualified – first offence

Maximum Penalty: 6 months imprisonment and/or a fine of $3,300. Automatic disqualification 6 months or 3 months minimum

Result:Disqualified for 3 months and fine of $400

To be served concurrently – at the same time

Drive with high range PCA - first offence, Never licenced person drive vehicle on road - first aoffence, Not stop at line/sign at level crossing

Offence 1: Drive with high-range PCA – first offence

Maximum Penalty: Imprisonment 18 months and or fine of $3300 automatic disqualification period 7 years or 12 months (min)

Result: Disqualified for 8 months; Community Corrections Order 12 months and $750 fine

Offence 2: Never licenced person drive the vehicle on the road – first offence

Maximum Penalty: $2,200 fine

Result: $400 fine

Offence 3:Not stop at the line/sign at a level crossing

Maximum Penalty: $2,200 fine

Result: $150 fine

Licence Appeals:

Exceed speed limit not more than 10 km x 2, RMS suspension 3 months

Offence 1: Exceed speed limit not more than 10 km x 2, RMS suspension 3 months

Result: Appeal Successful – No Suspension

Drive vehicle with prescribed illicit drug present, RMS suspension 3 months

Offence 1: Drive vehicle with prescribed illicit drug present, RMS suspension 3 months

Result: Appeal Successful – No Suspension

Exceed speed limit by more than 10kms but not more than 20kms, RMS suspension 3 months

Offence 1: Exceed speed limit by more than 10kms but not more than 20kms, RMS suspension 3 months

Result: Suspension reduced from 3 months to 2 weeks

Exceed speed by 30 kms

Maximum Penalty: 3 months suspension

Result: Reduced to 2 months

Exceed speed limit not more than 10 km x 2, RMS suspension 3 months

Offence 1: Exceed speed limit by more than 30kms but not more than 45kms, RMS suspension 3 months

Result: Appeal Successful – No Suspension

DRIVING OFFENCES

Navigating Accusations of Dangerous Driving

Orr Legal Team2023-11-20T13:06:47+11:00December 11th, 2023|

For individuals in Maitland and Newcastle, NSW, who may find themselves accused of dangerous driving, understanding the legal landscape surrounding this offence is crucial. In New South Wales, dangerous driving is a serious charge that can have significant consequences. This article aims to shed light on what constitutes dangerous [...]

Driving Causing Actual Bodily Harm
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Driving Causing Actual Bodily Harm

Driving Offences

Driving Causing Actual Bodily Harm

Orr Legal Team2023-11-20T13:08:40+11:00November 20th, 2023|

For individuals in Maitland and Newcastle, NSW, facing accusations of negligent driving causing actual bodily harm, understanding the legal intricacies of the offence is crucial. Negligent driving causing actual bodily harm is a serious charge that can have significant consequences, and having a thorough understanding of the law is [...]

Negligent Driving Causing Grievous Bodily Harm
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Negligent Driving Causing Grievous Bodily Harm

Driving Offences

Negligent Driving Causing Grievous Bodily Harm

Orr Legal Team2023-11-20T13:02:41+11:00November 13th, 2023|

Negligent driving causing grievous bodily harm is a serious offence that demands careful understanding, especially for individuals living in and around Maitland and Newcastle, NSW. If you find yourself accused of this offence, navigating the complex legal landscape becomes crucial. This article aims to shed light on what constitutes negligent [...]

Low Range DUI Penalties in NSW
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Low Range DUI Penalties in NSW

Criminal Law, Driving Offences

Low Range DUI Penalties in NSW

Frankly Organised2023-05-30T10:08:28+10:00March 20th, 2023|

Driving under the influence (DUI) is a serious offence in New South Wales, with harsh penalties for those who are found guilty. In this blog, we will discuss what constitutes a low-range DUI and the associated penalties for those convicted of such an offence. Low-Range DUI Offence In NSW, [...]

Have you been asked to Lie on a Statutory Declaration Form?
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Have you been asked to Lie on a Statutory Declaration Form?

Criminal Law, Driving Offences, Road and Driving

Have you been asked to Lie on a Statutory Declaration Form?

Orr Legal Team2023-05-30T10:11:31+10:00August 15th, 2022|

Taking Someone’s Points - Is it really a big deal. Lying on a Statutory Declaration ("Stat Dec") is a big ask and can have some serious consequences. Statutory declarations are not normally used at a court. They are normally used for business or legal decisions. The most common situation [...]

Hoon Driving and Burnouts
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Hoon Driving and Burnouts

Driving Offences

Hoon Driving and Burnouts

Orr Legal Team2023-05-19T16:27:57+10:00August 1st, 2022|

A "hoon" is defined as a person who deliberately drives a vehicle in a reckless or dangerous manner. Generally in order to provoke a reaction from onlookers. "Hooning" can include but not limited to speeding, burnouts, donuts, or screeching tyres. In NSW, car hoon behaviour is the term given [...]