Traffic and Driving Offences
Reliable and effective traffic lawyers
Nathan White Lawyers have a wealth of experience supporting drivers with a wide range of traffic law matters, from minor infractions to serious offences. Our team will represent and work closely with you to secure the most favourable outcome for your situation. This may involve seeking the minimum penalty for the offence, negotiating to achieve more beneficial licensing outcomes and, in certain instances, successfully preventing charges from being filed entirely if the allegations against you are unfounded.
With guidance from our lawyers, you can navigate the complexities of traffic law matters with confidence, knowing that we are committed to protecting your rights and driving record.
Assistance for a range of driving offences.
Traffic law in South Australia covers a range of matters including offences such as drink driving, speeding, and dangerous driving, as well as the failure to adhere to road rules outlined in the Road Traffic Act. It also covers serious criminal driving offences like extreme speeding and causing death while driving.
Common offences that we can help with include:
Drink driving
Alcohol dependency assessment
Drug driving
Drug dependency assessment
Vehicle impound
Good behaviour option
Exceed speed
Excessive speed
Extreme speed
Demerit points and disqualification
Penalty reduction and mandatory minimum
If you are charged with any of the above offences and would like expert advice, contact Nathan White Lawyers immediately.
The importance of legal representation in traffic offences
If you have received an expiation notice, been arrested, or summoned to court seeking advice and representation from Nathan White Lawyers can be invaluable. Our expert lawyers bring deep knowledge of traffic law to your case, providing personalised guidance to navigate the legal process effectively.
With our team on your side, you gain access to comprehensive legal support tailored to your situation and aimed towards the best possible outcomes for your case. We are committed to protecting your rights and ensuring you receive the expert representation you deserve.
Common substance-related offences that we can assist with
Drink driving
There are two main drunk driving offences: driving over the limit, known as exceeding the Prescribed Concentration of Alcohol (PCA) and Driving Under the Influence (DUI).
- PCA indicates that you were breath tested and recorded a blood alcohol level that exceeds the legal limit. Exceeding PCA is the more common offence.
- DUI is considered more serious and means that you were intoxicated to the point where you could not control the vehicle.
Driving over the limit (Exceed PCA)
If you drive or attempt to drive with a blood alcohol concentration above the ‘Prescribed Concentration of Alcohol’ (PCA), you will commit an offence. It does not matter if you feel sober or how much you drank—strict legal limits apply.
For full license holders, the maximum blood alcohol level is 0.05. For learner, provisional, or probationary drivers, any alcohol in their system violates license conditions. If their level exceeds 0.05, they will also face additional charges.
Driving under the influence (DUI)
If you drive or attempt to drive while significantly impaired by alcohol, you can be charged with an offence. You are considered incapable of controlling the vehicle if your physical or mental abilities are affected.
Police observations, like slurred speech or swaying, can support this. A blood alcohol reading may be used as evidence but is not necessary.
This offence is distinct from exceeding the PCA limit, and you may face charges for both if involved in an accident, though you cannot be convicted of both for the same incident.
Drug Driving – RTA - s47BA—Driving with a prescribed drug in oral fluid or blood
Drug screening tests currently detect THC (marijuana), methamphetamine (meth, speed, ice), and MDMA (ecstasy). Drug driving offences carry severe penalties, especially with children under 16 in the vehicle.
If you have been charged with drug driving, contact Nathan White Lawyers to discuss your options.
Penalties for driving offences
If you are convicted of a traffic offence, penalties will likely apply. With proper representation, you can ensure the fairest outcome for your circumstances. The team at Nathan White Lawyers can help you navigate the following penalties following a driving offence:
Alcohol dependency assessment
If convicted of drink driving with a child under 16 in the vehicle, or with previous drink driving convictions in the last 5 years, you must prove you are not alcohol dependent before regaining your licence. This includes undergoing and paying for an alcohol dependency assessment and any necessary treatment program.
Drug dependency assessment
If you are convicted of drug driving with a child under 16 in the vehicle or if you have previous drug driving convictions within the last five years, you must prove you are not dependent on drugs before your license is reissued. This includes completing a drug dependency assessment, for which you will be responsible for the costs.
Vehicle impound
If charged with a serious driving offence, your vehicle may be impounded for 28 days, with the offender responsible for substantial fees. Mandatory impoundment applies to some offences, while others are at the Police’s discretion. If you’re not the owner or the vehicle is a work vehicle, we may negotiate its release.
Demerit points and disqualification
If you have a full license and accumulate 12 or more demerit points in three years, you will be disqualified from holding or obtaining a driver’s license. If you hold a Learner’s Permit or Provisional License and get 4 or more demerit points, you face at least six months of disqualification. Probationary license holders may be disqualified for accumulating 2 or more points.
During disqualification, your license is cancelled. After serving the full disqualification period, you must apply to renew your license before driving again. Driving while disqualified is a serious offence and can lead to imprisonment. You may be able to apply for a reduction in demerit points to retain your license.
Good behaviour option
Drivers receiving a demerit disqualification notice may opt for a 12-month good behaviour period instead of being disqualified. You must not accumulate 2 or more demerit points during this time to qualify. You must select this option within 28 days of acknowledging the notice, enter into an agreement, and pay a small fee. Failing to do so will result in an immediate disqualification.
If you incur 2 or more demerit points during the good behaviour period, you will face a disqualification for double the original period, with no right to appeal or alternative options.
Note: The disqualification cannot be reduced or substituted.
For more information on how our team can help you, contact us for a free initial consultation.
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If you’re facing charges related to a traffic offence, it’s crucial to act now. Book a free first consult today, and let us help you understand your rights and options.
Please note: All Sources and Legislation are subject to change. The articles in this publication are intended to give general information and is not a substitute for specialist legal advice. Please contact us at (08) 8332 3633 to obtain advice that is specific to your circumstances.