Breaching Good Behaviour Licence NSW: Legal Issues, Penalties, And Appeal Options

Breaching Good Behaviour Licence NSW?

A Good Behaviour Licence in New South Wales (NSW) is a special type of licence that may be issued to drivers who have accumulated too many demerit points and are at risk of losing their regular driver’s licence.

This type of licence allows the driver to continue driving as long as they adhere to certain conditions set by the court or the Roads and Maritime Services (RMS). The purpose of a good behaviour licence is to give drivers a chance to improve their driving behaviour and avoid losing their driving privileges.

However, breaching a good behaviour licence in NSW can have serious legal implications. If a driver fails to comply with the conditions of their good behaviour licence, they could face penalties such as fines, licence suspension, or even imprisonment. Further, drivers need to understand the consequences of breaching their good behaviour licence and take necessary steps to avoid such situations.

Here are some common conditions that may be imposed on a good behaviour licence, including:

• During the 12-month good-behaviour period, you must avoid incurring 2 or more demerit points.
• A limit on the speed at which a vehicle can be driven.
• A requirement to have an interlock device installed in the vehicle for drivers with a history of drink driving
• Regular reporting to authorities and/or attending mandatory driver education programs
• Not committing any further traffic offences during the good behaviour licence period.

Overall, these conditions are designed to promote safe driving practices and prevent any further incidents.

Can I Appeal A Suspension From Breaching The Conditions Of A Good Behaviour Licence?

Well, in NSW, you cannot directly appeal a suspension for breaching the conditions of a Good Behaviour Licence. However, you can request a review of the decision made by the authorities. This means that an independent body will assess your case and determine whether or not the suspension was justified.

Furthermore, there are certain circumstances under which an appeal may be successful. For example, if there were mitigating factors that contributed to the breach or if there is new evidence that could impact the decision.

If you believe that you have valid grounds for appealing your suspension, here are some steps you can take:

• Gather supporting documents and evidence.
• Contact Transport for NSW or Service NSW to request an appeal.
• Clearly explain your situation with the necessary context.
• Present evidence logically, emphasising key points.
• Maintain professionalism and respect in all communications.

It’s important to note that appealing a suspension can be a lengthy and potentially daunting process. However, it is worth taking the time to properly prepare and present your case if you believe that the decision was unjustified.

What Do I Do If I Breach A Good Behaviour Licence?

If you breach, TfNSW will issue a suspension. Seek legal advice urgently about disputing any underlying offences before points are recorded.

In addition to informing your supervising officer, there are also legal and administrative steps that need to be followed after breaching a Good Behaviour Licence, including:

• Seek legal advice immediately to explore your options.
• File a court election for the traffic infringement notice.
• Prepare evidence, such as character references or proof of hardship, for your court case.
• Attend the hearing with legal representation to present your arguments effectively.

However, seeking legal assistance is essential after breaching a good behaviour licence in NSW. The Criminal Law Group offers expert guidance in traffic law matters, ensuring you understand your rights and options. Their experienced lawyers can help you challenge infringement notices or negotiate leniency in court.

Will I Get A Criminal Record For Breaching A Good Behaviour Licence?

Breaching a Good Behaviour Licence does not necessarily result in a criminal record. While the consequences of breaching a licence can be severe, being charged with a criminal offence and receiving a criminal record are not automatic outcomes.

However, breaching a good-behaviour election does not itself create a criminal record. It is an administrative suspension. A criminal record could arise only if you commit and are convicted of a separate offence (e.g., driving while suspended).

In contrast, a criminal offence involves violating government laws, such as theft or assault, with consequences based on the crime’s severity and the offender’s record.

Here are some potential long-term implications:

• A traffic offence conviction can impact employment, travel, or licensing.
• Driving while suspended after a breach may lead to imprisonment and longer disqualifications.
• Repeated breaches can worsen penalties and damage your driving record.

To avoid a criminal record, seek legal advice before paying fines or attending court. Lawyers can negotiate non-conviction orders or dispute the infringement to prevent demerit points from being recorded.

What Happens If You Breach A Good Behaviour Bond In NSW?

A Good Behaviour Bond is a sentencing alternative under the Crimes (Sentencing Procedure) Act 1999 (NSW) that allows offenders to serve their sentence in the community instead of going to prison. However, breaching a bond can have serious consequences for the offender.

• Breaching a bond may result in revocation, harsher sentences, and imprisonment.
• It will be recorded on the offender’s criminal record, affecting employment and travel.
• It can also lead to extra legal fees and court proceedings.

If a breach occurs, the court will review the circumstances and decide on further action. This may include issuing a warrant for arrest, altering bond conditions, or imposing harsher penalties like an Intensive Correction Order (ICO). The court’s decision depends on the severity of the breach and the offender’s history.

However, Criminal Law Group specialises in defending clients who have breached their bonds. With over 30 years of experience, our lawyers provide expert representation to minimise penalties and protect your rights.

What Is A Breach Of Bond?

A breach of bond, also known as a violation of bail or release conditions, refers to an individual’s failure to comply with the terms set out by the court in their bond agreement. These terms can include restrictions on travel, curfews, mandatory drug testing, and other specific conditions determined by the judge.

One example of a situation that may lead to a breach is if an individual fails to show up for their scheduled court appearance or violates any of the agreed-upon conditions. Further, this could also occur if they commit another offence while on bond. In some cases, simply being charged with a new crime can be considered a breach of bond.

Moreover, when a breach occurs, authorities have various options available to them. They may choose to revoke the bond entirely and remand the individual back into custody until their trial date. Alternatively, they may opt for a lesser punishment, such as increasing the bond amount or implementing additional conditions.

How Many Demerit Points Can You Get Before Breaching A Good Behaviour Licence?

Under a Good Behaviour Licence NSW, you are allowed to accumulate only one demerit point during the 12 months. If you accumulate two or more demerit points during this time, you will breach the conditions of your Good Behaviour Licence, and your licence will be suspended for twice the original suspension period.

It’s important to note that all traffic offences carry different demerit point penalties, ranging from one to ten points, depending on the severity of the offence.

For example, driving while using a mobile phone carries five demerit points, while exceeding the speed limit by less than 10km/h carries only one point. Therefore, it is crucial to maintain a clean driving record and avoid committing any traffic offences while on a good behaviour licence.

What Happens When You Exceed The Allowed Demerit Points?

If you exceed the allowed demerit points, there are serious consequences that can impact your driving privileges, including:

• Suspension of your driver’s license
• Increase in insurance premiums
• Fines or penalties

Moreover, leniency or warnings are generally not possible before a breach. The demerit points system is in place to ensure safe driving practices and consistent enforcement of traffic laws. However, in some cases, an appeal or review process may be available for certain violations.

Can You Drive While Waiting For An Appeal After A Good Behaviour Licence Breach?

Generally, when a person has their good behaviour licence breached, they are not allowed to drive until their appeal is heard and decided by the court. However, in some cases, the suspension can officially stay before the appeal hearing. This means that the person can continue driving during the appeal process.

Here are some legal rules around driving during an appeal:

• Consult a lawyer before driving during an appeal for advice and defence.
• Driving while suspended without permission risks extended suspensions, fines, or criminal charges.
• Disregarding court decisions during suspension can harm the chances of lifting or reducing it.
• Seek legal advice immediately if caught driving without permission during an appeal to minimise consequences.
• Adhering to all good behaviour licence terms is crucial to avoid penalties and support a successful appeal.

Overall, it is important to note that driving while suspended is a serious offence that can result in extended suspensions, fines, or even criminal charges. It’s important to remember that during an appeal for a suspended license, the suspension is still in effect unless it has been temporarily lifted by the court.

What Are The Consequences Of Driving Illegally After A Breach?

If you are caught driving with a suspended licence, there are serious consequences that you may face, including:

• First offence goes up to 30 penalty units or 6 months’ imprisonment (or both).
• For second or subsequent offence, up to 50 penalty units or 12 months (or both).

Moreover, further offences of driving with a suspended licence can result in even harsher penalties, such as longer disqualification periods, heavier fines, and longer prison sentences. These additional penalties not only impact your immediate situation but also have long-term effects on your ability to drive legally.

Does A Good Behaviour Bond Show On A Police Check?

Whether a Good Behaviour Bond appears on a police check depends on its type. A bond is a promise made to the court, where an offender agrees to follow certain conditions in exchange for avoiding jail time. The conditions can include regular check-ins with authorities, attending counselling or rehabilitation programs, and staying out of trouble.
Moreover, sentencing ‘good behaviour bonds’ have been replaced by modern ordersunder the Crimes (Sentencing Procedure) Act 1999.

Moreover, a Good Behaviour Bond for a driving offence might not appear on a police check as it’s considered minor, but breaching its conditions will be recorded and could impact future background checks.

This can seriously affect employment prospects, as many employers conduct criminal checks, and a breach may raise concerns, leading to job rejection or termination. Adhering to the bond’s conditions is essential to avoid these consequences.

However, to mitigate the impact of a breach, it is important to be proactive and take responsibility for one’s actions. This can include seeking help or counselling to address any underlying issues that may have led to the breach.

By showing genuine effort towards rehabilitation and making positive changes in behaviour, individuals can demonstrate their commitment towards abiding by the bond’s conditions.

Can You Travel Overseas With A Good Behaviour Bond?

Generally, being on a Good Behaviour Bond does not restrict one’s ability to travel overseas. However, certain considerations and precautions need to be taken into account before planning an international trip.

• Review bond conditions for any travel restrictions before planning a trip.
• Notify the court or probation officer about international travel if required to avoid breaching the bond.
• Ensure you have all necessary documents, including a passport, visa, and relevant paperwork, for your trip.

Moreover, there are possible penalties for non-compliance with bond conditions while travelling overseas. This can include revocation of the bond and additional legal consequences. Therefore, it is important to carefully plan and follow all necessary steps before embarking on an international trip while on a bond.