Traffic & Driving Offences

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 [VERIFY]
• 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

Criminal driving offences vs infringements

Many traffic matters in the ACT are dealt with by infringement notice from Access Canberra and do not appear before a court. Criminal driving charges — drink driving, drug driving, dangerous driving, driving while suspended, negligent driving causing harm, culpable driving — are listed in the ACT Magistrates Court and can result in fines, disqualification, imprisonment and a criminal record.

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) [VERIFY section]
• 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.

Demerit points, good behaviour periods and licence appeals

The ACT operates a demerit points scheme under the Road Transport (General) Act 1999 (ACT). Drivers approaching the demerit limit can elect a 12-month good behaviour period. Where a licence is suspended administratively, an appeal can be lodged with the ACT Civil and Administrative Tribunal (ACAT) in defined circumstances.

First appearance at the ACT Magistrates Court

Criminal driving matters are listed for mention at the ACT Magistrates Court. The prosecution serves the brief — typically certificates of analysis, in-car video, the police statement and any expert reports. Most contested matters resolve at hearing within 3-6 months. ABLG attends with you at every appearance.

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.

Call (02) 6210 1075 to discuss your driving matter with an ABLG criminal defence solicitor.

Interstate drivers and ACT charges

NSW, Victorian and other interstate drivers charged in the ACT can be represented by ABLG without travelling to Canberra for every appearance. Many mentions can be handled by ABLG appearing on your behalf. Disqualifications imposed in the ACT are recognised across Australia.

Culpable driving causing death or grievous bodily harm

Culpable driving — driving that causes death or grievous bodily harm while the driver is impaired or driving in a manner that involves substantial risk to the public — is an indictable offence under the Crimes Act 1900 (ACT) [VERIFY section]. Penalties can include lengthy imprisonment. These matters are usually committed to the ACT Supreme Court. ABLG instructs senior counsel where appropriate.

Related criminal defence services

• Drink driving
• Drug driving
• Dangerous and reckless driving
• Driving whilst suspended or disqualified
• Sentencing options and good behaviour orders
• Police interviews and your rights

Frequently asked questions

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

Infringements are administrative — issued by Access Canberra, paid without court attendance. Criminal driving charges are listed at the ACT Magistrates Court and can result in disqualification and a record.

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

Disqualification is highly likely. The period and whether a conviction is recorded depend on mitigation, prior record and the seriousness of the conduct.

Can ABLG appear for me if I live interstate?

Yes. Many ACT mentions can be handled by ABLG on your behalf without you needing to travel to Canberra.

Does the ACT have a work licence?

No broad work licence scheme. The principal protection is a careful section 17 plea or the shortest possible disqualification period.

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).