Kerry Splatt (AU Car Aciddent Lawyer)
Australia is known for its strict traffic laws, and many offences carry penalties far beyond just fines. Certain driving offences can lead to the immediate or automatic disqualification of your licence, meaning you won’t be able to drive until it’s lifted. While some of these offences are obvious, like driving while under the influence of alcohol or drugs, others might catch you off guard.
Today, we’re looking at seven traffic offences that could cost you your licence, so you know what to look out for when cruising around Australia.
- Drink driving
Driving under the influence of alcohol is one of the most common reasons why people in Australia lose their licences. In every state and territory, being caught with a blood alcohol concentration (BAC) higher than the legal limit comes with an automatic licence disqualification.
The legal BAC limits are:
The higher your reading is when you get stopped for a roadside test, the longer your disqualification from driving is likely to be. If you find yourself in this position, it’s important to speak with a traffic offence lawyer in Victoria with experience in the local laws and how to navigate the legal proceedings that will follow.
- Drug driving
Similar to drunk driving, getting behind the wheel with illicit drugs in your system is illegal and comes with harsh penalties. Roadside saliva tests can usually check for THC, methamphetamines, and MDMA.
Even if it’s your first time being caught drug driving, it’s likely that you’ll be disqualified from driving. Many people are caught out by detection windows, especially with cannabis, as it can remain detectable in your saliva for long after the effects wear off. Drug driving also comes with a plethora of other potential charges, so your licence may be the least of your worries.
- Driving on a suspended licence
If you’ve lost your licence and still choose to drive your vehicle, the consequences are often severe. Penalties might include:
- Heavy fines
- Possible jail time
- A longer disqualification period
In some states, like New South Wales, repeat offenders for driving on a suspended licence risk prison sentences of up to 18 months. This is because, if you’re caught driving on a disqualified licence, the court will want to increase the penalty to make sure you don’t ignore it again.
- Excessive speeding
Speeding often results in fines and points on your licence, but excessive speeding can have bigger consequences and penalties. In Australia, speeding by more than 30km/h or 45km/h over the limit can result in an immediate licence suspension or a long disqualification period.
For example:
- In Victoria, going over the speed limit by 45km/h will result in an automatic suspension of 12 months
- In New South Wales, exceeding 45km/h means an instant suspension by the police
If you’re a learner driver or on probation for a driving-related offence, your threshold for speeding will often be lower – which is another way drivers often get caught out.
- Accumulating too many demerit points
In Australia, demerit points are given out to those who commit traffic offences, and accumulating too many of them can lead to a licence suspension. Each state has its own demerit point system, but the core principle remains the same: you start with zero points and are awarded them for various violations.
For example:
- Victoria laws state that full licence holders will lose their licence if they are awarded 12 or more points within three years
- Learner or probationary drivers have lower thresholds of between five and 12 points
The inclusion of double-demerit periods (like public holidays) means that points can add up quickly, often catching drivers out.
- Failing to stop after an accident
Leaving the scene of an accident without exchanging details or helping injured parties is often considered a serious criminal offence in Australia. This is especially true if you participate in a hit and run, with the person involved being left seriously injured or defenceless.
Penalties could include heavy fines, prison time, and licence cancellations or disqualifications. It’s important to note that these penalties can be applicable whether you caused the accident or not.
- Dangerous driving
Dangerous or reckless driving is the act of putting the general public at risk when you’re behind the wheel. This covers a broad range of offences including:
- Street racing
- Aggressive driving
- Driving at extreme speeds
- Weaving through traffic
- Driving while on your mobile phone
In most Australian states, dangerous driving can carry an automatic licence disqualification. Minimum periods often start from six to 12 months, along with possible prison sentences, especially if it results in injury or death.
Learn more about how a traffic lawyer can help you today
Losing your licence can impact your job, family, and freedom. Some offences are widely known, but others, like accumulating demerit points or failing to stop after a crash, can catch drivers out. If you want to learn more about getting help in these situations, find a reputable traffic lawyer at Donnelly Law Group. With a strong track record of success, they’ll guide you through the legal processes, fight for your rights, and work towards the best possible outcome for your case.
