What a traffic lawyer actually does

The four things a traffic lawyer is actually doing

Stripped of the marketing, the work is this.

1. Working out whether the charge can be proven. Breath analysis, saliva analysis, speed detection and the identity of the driver all have evidentiary requirements. Most charges survive that examination. Some do not, and you cannot tell which without reading the material.
2. Finding the alternative charge. A negotiated plea to careless driving instead of dangerous operation, or to being in charge instead of driving, changes the maximum penalty and often the disqualification.
3. Running the licence application. A section 87 work licence or a special hardship order is a contested application on sworn evidence with strict timing. This is where a lawyer earns the fee most clearly.
4. Building the sentence submission. Courts sentence on what they are told. The difference between the bottom and the top of a disqualification range is usually the quality of the material put before the Magistrate, not the facts of the offence.

When it is genuinely worth engaging one

• Any restricted licence application. One hearing, no second chance, decided on affidavits.
• Readings near 0.10 or 0.15. The tier boundaries change the minimum disqualification and eligibility for a work licence.
• Dangerous operation under section 328A. A Criminal Code offence with a maximum of 3 years, or 10 to 14 where death or grievous bodily harm results.
• Any repeat offence within five years. Maximums rise sharply and imprisonment becomes a realistic outcome.
• Driving while disqualified. Mandatory further disqualification of 2 to 5 years, and courts do impose custody.
• Where a conviction would end your employment, affect a visa, or require disclosure to a registration board. That has to be put to the court before sentence, not after.

When you probably do not need one

We will say this plainly because most firms will not. A single low range drink driving charge, a clean traffic history, no work licence available and no job at risk is a matter where you will very likely receive the statutory minimum whether or not you pay someone to stand next to you.

The same goes for a straightforward speeding infringement you intend to pay, a first parking or registration matter, or a minor careless driving charge with no aggravating features and no disqualification sought.

What is worth doing in those cases is a single free call to confirm that assessment, get your traffic history checked, and be told what to say to the Magistrate. That is fifteen minutes, not a retainer.

If the only realistic outcome is the statutory minimum and you would get it on your own, we will tell you that at the first appointment.

Questions worth asking any traffic lawyer before you engage them

1. Is the fee fixed and in writing, and what specifically does it cover? Ask whether a contested hearing, an adjournment or an appeal is extra.
2. What is the realistic range of outcomes, not the best possible one?
3. Am I eligible for a restricted licence, and how did you check? The answer should reference the five year lookback on my actual traffic history.
4. Who will appear in court, and have they appeared in this court before?

Any firm that will not answer the first question in writing before you pay is telling you something. Our fixed fees page sets out how we quote, and the first fifteen minutes by phone are free. Start at the traffic and licence law hub for the charge you are facing.