List no. 05 · Room 4 · Court
Going to court for a traffic offence
A drug driving charge that is not settled by a fine is heard in the local or magistrates court of the state where it happened. The shape of the day is much the same everywhere: your name is called, the charge is put, you enter a plea or ask for more time, and the magistrate decides what happens next; each court’s own guide, linked below, describes its version.
General information
This page explains the law in general terms. It is not legal advice, and it cannot tell you what to do in your own matter. The court guides for New South Wales and Victoria both recommend legal advice before you decide how to plead. Legal Aid in your state is a place to start.
From the notice to the outcome
The paperwork tells you where and when
In Western Australia a less serious charge comes with a court hearing notice, which you may return with a guilty plea so the charge is dealt with in your absence, while a summons requires you to attend. In South Australia a first drug driving offence usually brings an expiation notice; paying it means no summons and no court, though the 3-month disqualification still applies. In Victoria, someone given an infringement notice can choose to have the matter heard in the Magistrates’ Court instead.
Before the day
The NSW and Victorian court guides both point to legal advice first. In Victoria, a summary case conference with the prosecution, usually police, should happen before a plea is entered, to discuss the charge and the evidence. People representing themselves there use the court’s online forms to tell it their plea at least 3 business days before the hearing. People with a coming court date may be eligible for Victoria Legal Aid’s Help Before Court service, which can be requested online.
Arriving
Victoria Legal Aid warns that you will be screened and may be searched on arrival, so bring nothing that could be used as a weapon. Legal Aid WA suggests telling the court orderly that you have arrived and whether you are representing yourself, and when called, standing at the bar table in front of the magistrate.
The charge and the plea
In a Queensland Magistrates Court the charges are read, the magistrate asks how you plead, and for a simple offence you or your lawyer may instead ask for an adjournment to consider the plea. Legal Aid WA describes the same three choices at a first appearance: guilty, not guilty, or adjourning to another date.
If the plea is guilty
The magistrate hears the facts and submissions and decides a penalty, or sets a date for sentencing. The Magistrates’ Court of Victoria says sentencing is generally on the same day. In New South Wales the court can impose a penalty without recording a conviction, even on a guilty plea.
If the plea is not guilty
The matter is not heard that day. New South Wales adjourns it to a hearing on a later date, which you must attend; Queensland sets a summary hearing where witnesses are questioned. In Victoria a contested case can pass through a contest mention before a contested hearing.
After the decision
Victoria Legal Aid notes an appeal from the Magistrates’ Court goes to the County Court, within 28 days, and that an appeal can lead to a higher penalty. Later, getting a licence back can itself involve the court: the Magistrates’ Court of Victoria hears licence eligibility orders after drink or drug driving disqualifications, and the NSW Local Court hears applications to remove a disqualification.
Things the courts themselves point out
- Choosing court over an infringement is serious. The Magistrates’ Court of Victoria says you may lose your licence, get a criminal record or receive a bigger fine, and once a challenge has begun you cannot change your mind and pay the infringement instead.
- The penalty can be higher than the original fine. The NSW Local Court says a court can impose a different penalty, including a higher fine and court costs, and that a conviction may go on a criminal record.
- Demerit points belong to the transport department, not the court. In New South Wales, Transport for NSW is the authority for demerit points, which are recorded on conviction and linked to the offence date.
- Missing court has consequences. Legal Aid WA says that if you do not attend in answer to a summons, a warrant may be issued for your arrest; if you cannot attend, apply to have the charge listed on an earlier date.
- Interpreters can be arranged. Legal Aid WA’s guide covers whether an interpreter can help you in court.
Each court’s own guide
| State | Court | Guide |
|---|---|---|
| NSW | Local Court of New South Wales | Driving and traffic |
| VIC | Magistrates’ Court of Victoria | Driving and traffic offences · Pleading guilty or not guilty |
| QLD | Magistrates Court (Queensland Courts) | What happens at the Magistrates Court |
| WA | Magistrates Court of Western Australia | Legal Aid WA: First appearance in court |
| SA | Magistrates Court (Courts Administration Authority) | Accused in a criminal proceeding |
| TAS | Magistrates Court of Tasmania | Magistrates Court home page |
| ACT | ACT Magistrates Court | ACT Magistrates Court home page |
| NT | Local Court of the Northern Territory | NT Local Courts home page |
If you would like someone beside you, the legal help sheet lists Legal Aid and community legal centres in every state.