Imagine peeking at your letterbox and seeing a notice that could cost you your driving licence, your job, or worse. If you’re dealing with traffic offences in Perth, seconds matter. WA enforcement is strict and even a small mistake can lead to hefty fines, demerit points or licence disqualification.
This guide walks you through the most common traffic offences, the likely penalties and how those penalties affect your licence. You’ll also get a step-by-step action plan and guidance on when to call a lawyer.
Keep reading to find out what you should do next.
If you’re charge and need urgent help, contact ourtraffic lawyers in Perth now. We’ll guide you to take the quick steps.
What is a Traffic Offence in Western Australia?
A traffic offence in WA means breaching road rules or vehicle laws under the Road Traffic Act 1974 (WA) or its associated regulations like the Road Traffic Code 2000. Breaking these laws, examples of which include speeding or driving unregistered, can lead to various penalties.
Penalties vary by offence. Most minor offences (infringements) carry fines and demerit points, while serious ones can lead to court, licence disqualification or even jail.
Keep reading to see the common offences and what penalties they attract.
11 Common Traffic Offences in Perth
Below are the most common offences Perth drivers face. Explore typical penalties for each, when it becomes a criminal charge, and “What to do now.”
1. Speeding
Driving above the posted limit, including camera and radar detections, remains the most common offence in Perth. Typical outcomes for lower-level speeding are an infringement (fine) and demerit points. For example:
- 10–19 km/h = 1 point
- 20–29 km/h ≈ $400 & 3 points
- 30–39 km/h ≈ $700 & 5 points
- 40+ km/h ≈ $1,200 & 7 points
Holiday periods can mean double demerits.
If you exceed the criminal threshold (very high speeds) you risk a reckless driving charge with much harsher penalties like large fines, possible imprisonment and mandatory licence disqualification. If you dispute a notice, gather evidence (signage, dashcam, witnesses) and get legal advice before paying.
2. Mobile phone / Illegal device use while driving\
Using a handheld phone (texting, calling, social media, video) while driving usually draws an infringement. Common penalties include $1,000 and 4 demerit points for texting/social media while moving, or about $500 and 3 points for other handheld uses.
It becomes a criminal issue if device use causes a serious crash with injury or death. If you receive a notice but believe you were hands-free or exempt, preserve evidence (phone logs, cradle photos) and consider legal advice.
3. Drink driving (DUI) / BAC offences & refusal
WA has tiered BAC bands (novice/provisional often 0.00; general licence 0.05). Low-range detections (0.05 to 0.079) may attract infringements; mid-range (0.08 and above) and high-range readings (and refusals) usually go to court.
Penalties rise with the band like from fines and demerit points to mandatory disqualification, alcohol interlock conditions and in serious cases imprisonment.
Refusing a breath/blood test is treated very seriously and commonly carries higher penalties and longer disqualification than some low-range detections.
4. Drug driving
Drug driving (illegal drugs or impairing prescriptions) is almost always a court matter.
Typical outcomes include substantial fines, lengthy disqualification periods (first offences commonly attract months off the road) and, for repeats or serious results, possible imprisonment.
If you’re tested positive or charged, preserve any medical records or prescription evidence and get urgent legal advice.
5. Dangerous driving
Dangerous driving describes conduct that unreasonably endangers the public (e.g., extreme overtaking, driving to intimidate). It is a criminal offence handled by court and can lead to heavy fines, long disqualifications and possible imprisonment, especially if injury results.
Because of the serious criminal exposure, obtain legal representation straight away.
6. Careless driving
Careless driving is negligent conduct but not deliberately harmful. It is dealt with as an infringement (fine) and demerit points or in some cases can be contested in court with higher penalties. Provisional or learner drivers face stricter consequences (automatic bans in some cases).
7. Failing to stop / leaving the scene (hit-and-run)
Failing to stop or report after a collision is a serious criminal offence. Penalties depend on harm caused but range from substantial fines to long-term disqualification and, where injury or death occurs, significant imprisonment risk.
If you are charged, don’t ignore it. Get legal help immediately and gather any evidence (video, witnesses) that can explain your actions or show you did stop and assist.
8. Driving while unlicensed / suspended / cancelled
Driving without a valid licence can be an infringement for simple first offences (e.g., expired licence). But driving while disqualified is a criminal offence with heavy fines, possible jail and automatic extra disqualification; police may also impound your vehicle.
Always check your licence status online before driving. If charged while disqualified, seek urgent legal advice.
9. Red-light / stop sign & other traffic-control offences
Disobeying lights, signs or temporary traffic controls usually attracts an infringement (fine + 3 demerit points for red-light offences). These are common camera or on-the-spot charges.
They only become criminal where the conduct causes serious injury or is part of reckless behaviour. If you believe you obeyed the sign or signal, collect any dashcam or witness evidence before deciding whether to pay or contest.
10. Seatbelt & child-restraint offences
Failing to wear a seatbelt or secure children in approved restraints is generally a strict-liability infringement (typical $550 fine and 4 demerit points for drivers). Multiple unrestrained passengers increase fines.
These offences rarely lead to criminal charges by themselves, but they affect liability after a crash.
11. Reckless / Hoon behaviour
Hooning (street racing, burnouts, deliberately dangerous stunts) is prosecuted harshly: fines, vehicle impoundment, and likely court with potential imprisonment and long disqualification for repeated or dangerous conduct. Police also have powers to seize vehicles for extended periods.
If investigated or charged for hooning, get a lawyer quickly. Evidence (video, CCTV) is often decisive and the consequences (loss of vehicle, licence and liberty) are severe.
Penalties for Traffic Offences in Perth: Quick Summary
Traffic offences in WA can lead to fines, licence suspensions/cancellations, vehicle impoundment and even jail. Penalties increase for repeat offenders or where injury is caused. Plus, they double in holidays.
The table below summarises typical outcomes and demerit points for common offences:
| Offence | Typical outcome | Demerit points (typical) | Court likely if… |
| Speeding (minor) | Infringement (fine) | 1–7 pts (depends on band) | Very high speed / reckless conduct |
| Mobile phone use | Infringement ($500–$1,000) | 3–4 pts | Major crash / serious injury |
| Drink driving (0.05–0.15) | Infringement or court (band-dependent) | 3–5 pts (infringements) | Mid/high-range BAC or refusal |
| Drink driving (≥0.15) | Court only | Licence disqualification | Always (high-range DUI) |
| Drug driving | Court | Long disqualification | Always (DUI) |
| Dangerous driving | Court (criminal) | 6 pts (serious) | Always (public danger or injury) |
| Careless driving | Infringement / possible court | 3 pts | If contested / serious harm |
| Fail to stop (injury) | Court (criminal) | 12+ / life ban for death | Always (serious injury/death) |
| Fail to stop (damage) | Infringement / report | 3 pts | Property damage over reporting threshold |
| Unlicensed driving | Infringement (expired) / court (disqualified) | 0–n/a | If driving while disqualified |
| Red light / stop sign | Infringement (fine) | 3 pts | Major crash or reckless behaviour |
| Seatbelt / child restraint | Infringement (strict liability) | 4 pts | N/A (usually infringement) |
| Hoon / reckless driving | Court; possible impoundment | 6 pts (dangerous) | Always for racing/burnouts or repeat conduct |
How Traffic Offences Can Affect Your Licence
Many traffic offences lead to licence cancellation or disqualification. For example, if you accumulate 12 demerit points in 3 years (8 for Learner/Provisional), you face automatic suspension. Certain offences carry mandatory bans. A drink-driving conviction often ends with a licence cancellation and Interlock condition.
A court-ordered disqualification means no driving for the stated period. After the ban ends, you may need to retake driving tests.
There are three main ways to lose your licence:
- Court-ordered disqualification: Judge specifies a ban period (e.g. 6 mo for dangerous driving).
- Demerit suspension: 12 points in 3 years triggers 3-month ban (less for newbies).
- Suspension order for unpaid fines: If you ignore fines/infringements, DoJ can suspend your licence until you pay.
In some cases of disqualification, you can apply for an Extraordinary Driver’s Licence (explained in FAQs below) to drive in limited situations (work or medical needs). (Note: you cannot get an EDL for a demerit-point suspension.) This complex process needs legal guidance.
What to Do After Receiving a Traffic Notice in Perth
If you get a fine or charge notice, act promptly. Here’s a quick checklist:
- Read the notice carefully (offence, date, time, place, fine/court date).
- Preserve evidence: photos, dashcam clips, witness names.
- Note officer details from the ticket.
- Don’t admit guilt on the spot; you only need to confirm identity.
- Decide your plea: pay the infringement (admit guilt) or elect to go to court (contest).
- If the offence is serious or your licence is at risk, contact a traffic lawyer right away.
FAQs About Traffic Offences in Perth
- Is a traffic offence a criminal offence in WA?
Most minor traffic infractions are not criminal; they’re handled as infringements (fines). However, serious traffic offences like high-range drink-driving, dangerous driving causing injury, or driving disqualified, are criminal offences and can carry jail sentences.
- What is the BAC (blood alcohol) limit in WA?
For fully licensed drivers the legal BAC limit is 0.05%. Learner and provisional drivers must have 0.00% (i.e. no alcohol). Exceeding 0.05 could mean an offence, and any reading ≥0.08 is a DUI charge.
- How many demerit points for speeding in WA?
It depends on how much over the limit you were. For example: 20–29 km/h over → 3 points; 30–39 → 5 points; 40+ km/h over → 7 points. Points double during holiday periods.
- What is a “serious offence” in WA?
Legally, a serious offence is an indictable crime too severe to be handled summarily. It includes crimes like murder, kidnapping, rape, terrorism, etc. Traffic offences that involve death or serious injury typically fall into indictable categories.
- Will a traffic offence suspend my licence?
Certain offences do trigger licence suspension. Infringements add demerit points, and reaching 12 points in 3 years causes a 3-month suspension. Courts may also order disqualification for offences like DUI, dangerous driving or driving while disqualified.
- How long do demerit points stay on my WA record?
Demerit points remain for 3 years from the date of the offence. After that time, they expire and won’t count toward future suspensions. Unless you hit the 12-point threshold first, which triggers a suspension.
- Do I have to go to court for a traffic offence?
Not always. Paying an infringement finalises the matter and avoids court. But if you contest the notice or receive a summons, you must appear. Serious traffic offences go straight to court. Missing a court date can result in a warrant for your arrest.
- What is an Extraordinary Driver’s Licence and can I apply?
An Extraordinary Driver’s Licence (EDL) is a special court licence that lets someone drive during a disqualification period in very limited cases (like for work or medical needs). Only those disqualified by a court can apply. It’s not available for standard demerit suspensions. Obtaining one involves an application to the Magistrates Court with supporting affidavits. You should seek legal help to apply for an EDL.
- Do I need a lawyer for a traffic infringement in Perth?
Not always. Many people pay minor fines themselves. However, if imprisonment or licence loss is possible, you should get legal advice first. A lawyer can help if you want to contest the charge or mitigate the outcome.
Caught for a traffic offence in Perth? Worried your licence or freedom are on the line?
Contact Hoe Lawyers: Your Dedicated Perth Traffic Lawyers Are Here to Help
Traffic offences can cost you more than money. You risk losing your licence (or worse). Our experienced Perth traffic lawyers have got your back. We skillfully defend and minimise consequences for our clients.
Our criminal lawyers can reduce penalties, negotiate pleas, argue for reduced disqualification and help apply for an Extraordinary Driver’s Licence.
Remember, the first step is getting advice.
Book a free consultation about your specific traffic charges. If you need emergency advice outside business hours, call our Criminal Lawyers 24/7 at 08 6244 5234.