Traffic & Driving Offences

General information only — not legal advice. Penalties and section numbers change; speak with us about your specific circumstances. Call (02) 6210 1075.

Traffic and driving offences in the ACT range from infringement-level matters dealt with by Access Canberra, to serious criminal driving charges that attract imprisonment. Andrew Byrnes Law Group represents drivers in the ACT Magistrates Court at Knowles Place across the full spectrum of driving matters. Deliberately Different.

Traffic offences under ACT law

The principal statutes are:

• Road Transport (Alcohol and Drugs) Act 1977 (ACT) — drink driving, drug driving, refusal to provide samples
• Road Transport (Safety and Traffic Management) Act 1999 (ACT) — dangerous and negligent driving, speeding offences
• Road Transport (Driver Licensing) Act 1999 (ACT) — licence offences, driving while suspended or disqualified
• Road Transport (General) Act 1999 (ACT) — general administrative and demerit point framework
• Crimes Act 1900 (ACT) — culpable driving causing death or grievous bodily harm

Common driving charges in the ACT

• Drink driving (PCA and DUI)
• Drug driving
• Dangerous and reckless driving
• Driving while suspended or disqualified
• Negligent driving (with and without injury)
• Culpable driving causing death or grievous bodily harm — Crimes Act 1900 (ACT)
• Refusal to provide a breath, oral fluid or blood sample

Charged with a driving offence in Canberra? Call (02) 6210 1075 before pleading.

Mandatory disqualifications and licence consequences

Many ACT driving offences carry mandatory minimum disqualification periods. The court has discretion within statutory limits but cannot go below the minimum. Where a section 17 non-conviction order is made under the Crimes (Sentencing) Act 2005 (ACT), the disqualification position can change. ABLG prepares pleas focused on minimising disqualification for trade workers, parents, shift workers and small business owners.

Saving your licence and record

Section 17 of the Crimes (Sentencing) Act 2005 (ACT) gives the court the discretion to deal with a matter without recording a conviction. Combined with a careful plea in mitigation, character references and rehabilitation evidence, a section 17 outcome can preserve your driver's licence position and avoid a criminal record on a National Police Certificate.

Related criminal defence services

• Drink driving
• Drug driving
• Dangerous and reckless driving
• Driving whilst suspended or disqualified

Frequently asked questions

What is the difference between a traffic infringement and a criminal driving charge?

Infringements are administrative — issued by Access Canberra and resolved by paying the fine, with demerit points applied to your driving record. Criminal driving charges are listed at the ACT Magistrates Court and can result in disqualification, imprisonment, and a criminal record. Drink driving, drug driving, dangerous driving, and driving while suspended are criminal charges.

Will I lose my licence for a first dangerous driving charge?

Mandatory minimum disqualification applies for dangerous driving under the Road Transport (Safety and Traffic Management) Act 1999 (ACT). The period and whether a conviction is recorded depend on mitigation, prior record, and the seriousness of the conduct. A section 17 non-conviction outcome remains possible in some cases.

Can ABLG appear for me in the ACT if I live interstate?

Yes. Many ACT mentions can be handled by ABLG on your behalf without you needing to travel to Canberra. Phone and video consultations are available. For hearings and contested matters, attendance is usually required, but coordination is straightforward.

Does the ACT have a work licence scheme?

No. The ACT does not have a broad work licence scheme equivalent to some other jurisdictions. The principal protection for work and family obligations is a careful section 17 plea or the shortest possible disqualification period. Restricted licences are not generally available.

Are demerit points the same in the ACT and NSW?

No. Each jurisdiction operates its own demerit framework. ACT offences are governed by the Road Transport (General) Act 1999 (ACT). NSW demerit points do not transfer to an ACT licence, and vice versa, although serious driving convictions and disqualifications are mutually recognised.

Important — not legal advice

This page provides general information about ACT criminal law. It is not legal advice and must not be relied on as such. Laws, penalties, and section numbers change, and how the law applies depends on your specific circumstances. For advice tailored to your situation, contact Andrew Byrnes Law Group on (02) 6210 1075 or via our contact page.