It’s often assumed that in Western Australia traffic matters are minor irritations punishable only by a fine. However, driving offences can often be more than just a regulatory matter, sometimes leading to quite serious criminal offences.
The following outlines the difference between a traffic infringement and more serious driving offences, along with the potential criminal penalties if found guilty of an offence.
When a Driving Offence Becomes A Criminal Matter
Minor traffic violations are commonly dealt with by an ‘infringement notice’. An infringement notice carries a fixed fine as well as a certain number of demerit points that are deducted. If paid, the matter is finalised without a court appearance and without any criminal record.
These are commonly experienced as minor annoyances by drivers, but can come with hefty financial penalties: For example, exceeding the speed limit by more than 29 km/h but not more than 40 km/h could attract a fine of 16 penalty units (or $800) and 6 demerit points; and exceeding the speed limit by more than 40 km/h but not more could attract a fine of 24 penalty units (or $1200) and 7 demerit points.
It’s important to note that a failure to pay an infringement can escalate matters further, possibly leading to a licence suspension and court proceedings.
The accumulation of demerit points can also quickly add up. If you accumulate demerit points equal to or exceeding the limit for your licence class, you will receive a demerit point suspension and be disqualified from driving for a prescribed period. For full licence holders of more than two years, accruing 12 or more demerit points within a three-year period triggers suspension. Novice drivers face stricter thresholds.
However, not all driving offences are dealt with through a system of infringement, instead being settled through prosecution and determination by a court, and carrying much more serious penalties.
Common Driving Offences That Attract Criminal Charges
The following outlines some of the more serious driving offences that may attract criminal charges, including likely penalties.
The Offence of Drink Driving and Drug Driving
Driving under the influence of alcohol or drugs (DUI) remains one of the most frequently prosecuted traffic offences in Western Australia under the Road Traffic Act 1974 (WA) hereinafter referred to as “the Act”.
Under section 63 of the Act, it is an offence to drive, or attempt to drive, while under the influence of alcohol, drugs or a combination of both to such an extent as to be incapable of having proper control of the vehicle. This offence carries significant penalties including fines up to 75 penalty units or $3,700 for a first offence, mandatory licence disqualification for a period of at least 10 months and potential imprisonment for a second or subsequent offence.
Separate offences also exist under the Act for exceeding prescribed blood alcohol concentration (BAC) limits. For example:
∙ A first offence of low-range alcohol reading (0.05–0.079) when accompanied with prescribed illicit drugs being detected in oral fluid or blood may attract a fine of up to $1,900 and a minimum 3-month disqualification;
∙ A first offence mid-range reading (0.08–0.149) may attract a fine of up to $2,250 and a minimum 9-month disqualification; and
∙ A high-range reading (0.15 or above) can attract fines of up to $3,700, a minimum 10-month disqualification and, for repeat offenders, terms of imprisonment.
Higher penalties apply for second or subsequent drink-driving and drug related offences.
Drug driving is treated similarly under the Act, including driving whilst impaired by methylamphetamine, MDMA or THC (the psychoactive aspect of cannabis). Under section 64AB of the Act, a person who drives or attempts to drive a motor vehicle while impaired by drugs commits an offence. For a first offence, the penalty could amount to a fine up to 75 penalty units or $3,700 and a minimum licence disqualification of 10 months. Higher penalties including potential imprisonment apply for second and subsequent offending.
The Offence of Driving While Disqualified or Suspended
Driving while your licence is disqualified or suspended is another criminal offence commonly prosecuted in the court. This offence is outlined under section 49 of the Act and, depending on the reason for the disqualification or suspension, a first offence can attract a fine of up to $2,000, imprisonment for not more than 12 months, and a further minimum disqualification of not less than 9 months and not more than 3 years. Repeat offending significantly increases penalties and can result in imprisonment.
The original disqualification or suspension may have arisen from a court order, excessive demerit points, unpaid fines or drink driving convictions. Once disqualified from driving, a person must not drive for a specified period. Driving during this specified period is a breach of section 49 of the Act.
The Offences of Dangerous or Reckless Driving
Some offences under the Act encompass various levels of dangerous or reckless driving. This can be encompassed by a variety of driving behaviours including:
Excessive speed in built-up areas
Aggressive driving behaviour
Racing on public roads
Deliberate loss of traction of tyres on the road
Reckless driving is addressed under section 60 of the Act and applies where a person wilfully drives a vehicle in a manner that is dangerous to the public, having regard to all the circumstances of the case. A first offence of this kind carries a maximum a fine of 120 penalty units (or $6000). It also carries a disqualification period of not less than 6 months as well as the potential for imprisonment for 9 months. Higher penalties apply for second or subsequent offences.
Dangerous driving is addressed under section 61 of the Act which includes driving a motor vehicle in a manner (which expression includes speed) that is, having regard to all the circumstances of the case, dangerous to the public or any person. This offence carries a penalty of a fine of up to 60 penalty units (or $3000) for a first offence, with higher penalties including mandatory licence disqualification for second or subsequent offences.
If dangerous driving causes bodily harm, section 59A of the Act may apply, carrying penalties of a fine of 180 penalty units (or $9000) and imprisonment of up to 9 months as well as a minimum disqualification period of 12 months. Where grievous bodily harm or death is caused, section 59(3) provides for a significantly increased penalties; in the case of grievous bodily harm a maximum penalty of imprisonment for 14 years, and in the case of death a maximum penalty of 20 years imprisonment.
The Offence of Driving Without Due Care and Attention
Careless driving is an offence under section 62 of the Act and applies where a person drives a motor vehicle without due care and attention. This carries the risk of a fine up to 30 penalty units (or $1,500). The offence focuses on whether the driver failed to exercise the standard of care that a reasonable driver would exercise in the circumstances.
If careless driving causes death or grievous bodily harm a much more serious offence under section 59BA of the Act may apply. This offence carries serious penalties for a first offence including a fine of 720 penalty units (or $36,000) or 3 years imprisonment and a minimum disqualification period of 3 months.
The Offence of Failing to Stop or Report an Accident
Under sections 54-56 of the Act, a driver involved in a crash has statutory obligations to stop and provide details and render assistance in circumstances where bodily harm has occurred to a person involved or property damage has resulted. Failing to do so constitutes a criminal offence.
Penalties under section 54 of the Act include up to 20 years’ imprisonment if a death has occurred in the accident, 14 years imprisonment if it caused grievous bodily harm with mandatory driver’s licence disqualification of at least 2 years, and in any other case where bodily harm has occurred 10 years imprisonment with mandatory driver’s licence disqualification of at least 12 months.
The obligation to stop and provide details is immediate and personal. A driver cannot avoid responsibility by later reporting the matter if they failed to comply at the time.
Hoons and Serious Speeding Offences
Western Australia also has specific provisions targeting so-called ‘hoon’ behaviour. These include expanded powers to impound vehicles involved in dangerous or reckless driving offences, particularly those which involve racing and deliberate loss of traction (“drifting”).
Sections 79-79A of the Road Traffic Act 1974 (WA) empower police to seize and impound a vehicle if they reasonably suspect that the driver has committed an “impounding offence (driving)”. The vehicle must generally be impounded within 28 days of the offence and, by default, is held for 28 days from the date of impoundment.
Potential Criminal Penalties for Driving Offences
As can be seen above, criminal driving offences carry a spectrum of serious criminal penalties. These may include substantial fines and terms of imprisonment.
Mandatory drivers licence disqualification is commonly imposed by the courts. Disqualification periods may range from 6 months for lower-range drink driving to multiple years for repeat high-range offences or dangerous driving causing death. Repeat offenders may be subject to extended or even lifetime disqualification in extreme cases.
A conviction recorded by a court forms part of a person’s criminal history. For individuals working in regulated professions, holding security clearances or applying for certain visas, this can have lasting consequences.
For the most serious offences, including dangerous driving causing death or high-range repeat drink driving, imprisonment is available and regularly imposed. Sentencing principles require courts to consider general deterrence, community protection and denunciation of conduct that endangers others.
It is a mistake to view these offences as mere traffic technicalities; they are serious criminal matters.
What To Do If You Are Charged
If charged with a criminal driving offence, early advice from an experienced Perth criminal lawyer is essential. The specific charge, prior history, blood alcohol reading, circumstances of the incident and available defences all materially affect the likely outcome.
A guilty plea without understanding the mandatory consequences, particularly licence disqualification periods, can have significant professional and personal implications. In some cases, defences may be available.
Anyone facing a serious driving allegation should obtain independent legal advice as early as possible to fully understand their options and the potential impact on their future.