This chapter is about traffic offences which duty solicitors are likely to encounter during the course of their work, and it is intended to provide guidance in relation to practice and procedure. To provide effective advice or representation, duty solicitors should be familiar with the elements of traffic offences, possible defences, sentencing principles and likely penalties.

The role of a duty solicitor necessarily has limitations. For example, a duty solicitor would not normally represent a defendant in relation to a simple traffic matter (where there is no risk of imprisonment). However, the duty solicitor may ascertain whether or not there is a possible defence, and where there is no possible defence, the duty solicitor can assist the defendant to represent themselves by providing advice about penalties, material to put to the Court, and court procedures. In similar fashion, a duty solicitor would not normally represent a defendant on a drink-driving charge, except where the person charged is so compellingly disadvantaged there would be a risk of justice miscarrying if the person was left to his or her own devices (normally representation at a more senior level would be required in such instance).

At the end of this chapter there is a brief penalty summary for offences commonly encountered at court and access to a comprehensive list of traffic offences and penalties.

See the Expiable Offences and Fees Form PD320A on the SAPOL website (current as at 11 September 2023) for a comprehensive summary of traffic offences and penalties.

See the Expiable Offences and Fees Form PD320CAM on the SAPOL website (current as at 1 July 2023) for a comprehensive summary of prescribed camera offences and penalties.