We have expert and detailed knowledge of all NSW road transport legislation and associated regulations, as well as the conceptually difficult laws of evidence.

1. Traffic Law &
Driving Matters
www.maatouks.com.au
Maatouks Law Group

2. Dangerous Driving
Driving in a manner dangerous involves driving on a road or road
related area that creates a real or potential danger to the public.
The driving must in reality be actually or potentially dangerous,
and not merely speculatively. The court will take into account not
only the actual amount of traffic present on the road at the
relevant time, but also the amount of traffic that might reasonably
be expected to be on the road.
http://maatouks.com.au/service/traffic-law-and-driving-matters/

3. Drink Driving/PCA Offences
Drink driving involves driving a vehicle (or riding a motorcycle), or
sitting in the driving seat of a motor vehicle and attempting to put
the vehicle in motion, with more than the prescribed concentration
of alcohol in your breath.
In relation to Drink Driving matters, we have access to supremely
qualified Pharmacological Experts who provide us with
opinions/reports highly regarded by the judiciary.
http://maatouks.com.au/service/traffic-law-and-driving-matters/

4. Novice range PCA
Novice-range drink driving relates to a breathe alcohol
concentration of more than zero grams alcohol per 210 litres of
breath, but less than 0.02gms alcohol per 210 litres of breath.
Maximum penalty is a fine of $1100 for a first offence and $2200
if the driver has a conviction for a major offence in the preceding
5 years.
http://maatouks.com.au/service/traffic-law-and-driving-matters/

5. Special range PCA
Special-range drink driving relates to a breathe alcohol concentration
of 0.02gms alcohol per 210 litres of breath, or more, but less than
0.05gms alcohol per 210 litres of breath.
Maximum penalty is a fine of $1100 for a first offence and $2200 if a
conviction for a major offence in the preceding 5 years.
For a first offence, the minimum license disqualification period on
conviction is 3 months, with an automatic period of 6 months. If the
driver has a prior conviction for a major offence in the preceding 5
years, the minimum license disqualification period on conviction is 6
months, with an automatic period of 12 months.
http://maatouks.com.au/service/traffic-law-and-driving-matters/

6. Low-range PCA
Low-range drink driving relates to a breathe alcohol concentration of
0.05gms alcohol per 210 litres of breath, or more, but less than
0.08gms alcohol per 210 litres of breath.
Maximum penalty is a fine of $1100 for a first offence and $2200 if the
driver has a prior conviction for a major offence in the preceding 5
years.
For a first offence the minimum license disqualification period on
conviction is 3 months, with an automatic period of 6 months. If the
driver has a prior conviction for a major offence in the preceding 5
years, the minimum license disqualification period on conviction is 6
months, with an automatic period of 12 months.
http://maatouks.com.au/service/traffic-law-and-driving-matters/

7. Mid-range PCA
Mid-range drink driving relates to a breathe alcohol concentration of
0.08gms alcohol per 210 litres of breath, or more, but less than
0.15gms alcohol per 210 litres of breath.
Maximum penalty is 9 months imprisonment and/or a $2200 fine for a
first offence and 12 months imprisonment and/or a $3300 fine if the
driver has a prior conviction for a major offence in the preceding 5
years.
For a first offence, minimum license disqualification period on
conviction is 3 months, with an automatic period of 6 months. If the
driver has a prior conviction for a major offence in the preceding 5
years, the minimum license disqualification period on conviction is 6
months, with an automatic period of 12 months.
http://maatouks.com.au/service/traffic-law-and-driving-matters/

8. High-range PCA
High-range drink driving relates to a breathe alcohol concentration of
0.15gms alcohol per 210 litres of breath, or more.
Maximum penalty is 18 months imprisonment and/or a $3300 fine for
a first offence and 2 years and/or a $5500 fine if the driver has a prior
conviction for a major offence in the preceding 5 years.
For a first offence minimum license disqualification period on
conviction is 12 months, with an automatic period of 3 years. If the
driver has a prior conviction for a major offence in the preceding 5
years, the minimum license disqualification period on conviction is 2
years, with an automatic period of 5 years.
http://maatouks.com.au/service/traffic-law-and-driving-matters/

9. Refuse breathe test
A police officer may require a person to undergo a breathe test if he or
she has reasonable cause to believe that the person is or was driving
a motor vehicle on a road or road related area, or occupied the
driver’s seat of a motor vehicle and attempted to put the vehicle in
motion.
A police officer cannot require a person to undergo a breathe test
if more than two hours has elapsed from the time of driving a motor
vehicle (on a road or road related area).
http://maatouks.com.au/service/traffic-law-and-driving-matters/

10. Refuse breathe
analysis
A police officer cannot require a person to submit to a breathe analysis
if more than two hours has elapsed from the time of driving a motor
vehicle (on a road or road related area).
A police officer cannot require a person to submit to a breathe analysis
if, as a result of injuries sustained by the person, it would be
dangerous to the person’s medical condition.
A driver has a defense to a charge of refuse breathe analysis if the
driver was unable to submit to a breathe analysis due to a medical
condition.
http://maatouks.com.au/service/traffic-law-and-driving-matters/

11. Drive while licence
suspended/cancelled/disqualified
Following the decision of the NSW Court of Criminal Appeal in DPP v
Partridge [2009] NSWCCA 75, in relation to offences of drive while
license is cancelled, suspended, or disqualified, when the court is
determining whether the offence is a ‘second or subsequent offence’ for
the purpose of finding the applicable automatic license disqualification
period, prior ‘major offences’, such as drink driving or drive manner
dangerous, are no longer taken into account (see section 25A Road
Transport (Driver Licensing) Act 1998.
http://maatouks.com.au/service/traffic-law-and-driving-

12. Negligent Driving
Negligent driving involves driving a vehicle on a road or a road
related area without using the same degree of care that an ordinary
prudent person would deem necessary in the circumstances in
order to avoid injuring or damaging the property of others who may
be using the road. The nature, condition and use of the road and
the amount of traffic which might reasonably be expected to be on
the road is taken into account.
http://maatouks.com.au/service/traffic-law-and-driving-

13. Negligent driving
occasioning grievous bodily
harm (gbh)
Where ‘negligent driving’ (see above) causes grievous bodily harm, a
maximum penalty of 9 months imprisonment applies, with a minimum
license disqualification period of 6 months on conviction.
Negligent driving occasioning death
Where ‘negligent driving’ (see above) causes death, a maximum
penalty of 18 months imprisonment applies, with a minimum license
disqualification period of 12 months on conviction.
http://maatouks.com.au/service/traffic-law-and-driving-

14. Police Pursuits
On 18 March 2010, Skys Law was enacted, inserting s 51B into
the Crimes Act, creating a new offence relating to police pursuits.
The section applies if a driver has reasonable grounds to suspect
that police are in pursuit and is required to stop, but does not stop,
and then drives recklessly, or at a speed or in a manner
dangerous to others. The offence carries a maximum penalty of
three years jail for a first offence and five years jail for a second or
subsequent offence.
http://maatouks.com.au/service/traffic-law-and-driving-

15. Speed Camera Offences
We can challenge alleged camera detected speeding infringements on
your behalf by challenging the accuracy of the instrument used to
record your speed.
Speeding Offences
We can challenge alleged speeding infringements detected by lidar or
radar by challenging the accuracy of the lidar or radar instrument used
to record your speed. We can also challenge alleged speeding
infringements detected by a police officer making an estimate of your
speed.
http://maatouks.com.au/service/traffic-law-and-driving-

16. Thank You 
We welcome your queries in relation to any legal matter.
CALL US TODAY 02 9601 7222
Head Office: 80 Terminus Street Liverpool NSW 2170
Ph: 02 9601 7222
Fax: 02 9601 7622
Urgent 24 hours Mobile Contact Number: 0414 300 303
Email: peter@maatouks.com.au
http://maatouks.com.au/