THE DEFINITIVE HANDBOOK to prepare for MAJOR TRAFFIC OFFENCES - Free guide action and court preparation

Sep 30, 2026

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Guidance for people facing major traffic offence charges, explaining the court process and the seriousness of potential outcomes such as loss of licence, criminal record, and heavy penalties. The handbook outlines when local courts handle matters versus indictable matters requiring committal hearings, and stresses seeking legal advice before appearing. It covers representation options, plea choices (guilty or not guilty), how evidence and briefs of evidence are used, and practical courtroom conduct tips.

LanguageEnglish

CategoryExam

FormatPDF

Pages60

Reading Time2 h 31 min

AccessFree to download

How to prepare for court

Be sure to speak to a lawyer before going to court

Going to Court

What to say about the charges in court

Tips for talking to the magistrate

Preparing to plead not guilty

What should I do at court?

Changing your plea

THE DEFINITIVE HANDBOOK to prepare for MAJOR TRAFFIC OFFENCES DISCOVER THE ANSWERS TO YOUR BURNING QUESTIONS IN OUR FREE GUIDE A RESOURCE COURTESY OF How to prepare for court Your traffic offence court appearance is something to take very seriously. You face the possibility of losing your license and getting a criminal record with serious penalties. It’s critical that you seek legal advice as soon as possible. This document is not legal advice. Most of the cases will be handled by the Local Court. However, if you are charged with indictable offences, you must go through a different process, including a committal hearing. Indictable offences are finalised in the District Court or Supreme Court. Be sure to speak to a lawyer before going to court The court will expect that you have sought professional legal counsel before appearing in court. Your lawyer will explain your options and shed some light on the details of your case . In the end, you will have solid advice about what the charges mean, what your plea options are, and how to prepare for the hearing. Going to Court A traffic offence means you’re facing a criminal charge. You may choose to represent yourself because your charges are minor, or a duty lawyer is unable to represent you and you do not have a private lawyer. If you cannot get a lawyer to help you in court, you can still get legal advice and information about: • your charges and if you have a defence • how to prepare for court • what needs to be brought to court • How to speak to the magistrate What to say about the charges in court You can plead either: Guilty (say you did break the law) . Not guilty (say you did not break the law, or disagree with what the prosecutor says you did) . The prosecutor is a lawyer who is presenting evidence against you. Pleading guilty To plead "guilty" , you need to accept what the prosecutor says you did. It is important to be clear about what you are agreeing to, as there can be serious consequences. So, even if you want court to be over as quickly as possible, talk to a lawyer first. If you plead guilty your case may go ahead on the same day. Your case may be put off to another day (adjourned) if the charges are serious and you need more time to prepare. Pleading not guilty If you plead “not guilty” you will be given a hearing date. At this hearing the prosecutor will present evidence to try and prove your guilt. You (or your lawyer) can also present evidence to prove you are not guilty to that you have a defense. The magistrate will then make a decision. Tips for talking to the magistrate It is important to be respectful and polite when you are talking to the magistrate. Here are some tips: • Stand up when the magistrate speaks to you • Call the magistrate ‘Your Honour’ • Do not interrupt the magistrate when they talk; the magistrate will ask for more information if they need it • Speak clearly and loudly • Look at the magistrate when you speak (if you have notes you can read from your notes and look up and down) . Preparing to plead not guilty The decision to plead not guilty is up to you. Think about: • what advice you got from your lawyer (if you got advice) • if the prosecution has a strong case against you. The prosecutor will need to prove beyond reasonable doubt that you are guilty • your chances of being found not guilty. Usually you will need a defence against the charge. Saying that you did not know you were breaking the law is not a good enough defence . If you plan to plead not guilty, find out the police case. To do this, get the brief of evidence: • After you have pleaded not guilty, the magistrate will set a date (usually 4 weeks later) for the prosecution to serve the brief of evidence on you . The police will usually serve it personally but sometimes may post, email or fax it, or possibly have you collect it from the police station . This helps you to work out what the polic

FAQs

What should you do as soon as you receive a major traffic offence charge?

Seek legal advice as soon as possible and speak to a lawyer before going to court. The handbook stresses that court appearance must be taken seriously.

What are your plea options in court for a traffic offence?

You can plead guilty (accept what the prosecutor says) or not guilty (disagree with the prosecutor’s allegations or evidence). The choice affects how the case proceeds.

If you plead not guilty, how do you prepare for the hearing?

You should consider the strength of the prosecution’s case, obtain the brief of evidence after it is served, read the evidence carefully, and use it to prepare your defence.

Sep 30, 2026

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