Australia’s busiest courthouse
In this Downing Centre suspended driving case study, Boorman Lawyers appeared at the Downing Centre Local Court in the Sydney CBD, which Joshua Boorman describes as probably Australia’s busiest courthouse because of the sheer volume of matters it handles. The charge was driving while suspended.
A poor traffic record
Josh is frank that the client had a terrible traffic record. He had two alcohol-related offences, the last a serious one in 2019, and he had served his time off the road for that. He was then suspended again, after accumulating what Josh believes was about 25 demerit points over a couple of years.
He was initially suspended for three months, but further demerit point offences came through after the suspension started, so the licensing authority extended the suspension until he passed a knowledge test. Because of the alcohol-related offence in 2019, within the previous five years, the charge was categorised as a second offence.
What happened that day
The client told our lawyer he had not driven since the suspension started. On this day he was moving house, from Bondi Junction back to Fairfield, to be closer to his children, of whom he has partial custody. He was doing it hard financially, could not afford a removalist and had no one else to help.
Early in the morning he got slightly lost in the city and looked at the maps on his phone at a set of lights on College Street. Police saw him on the phone and pulled him over, and a licence check revealed the suspension.
Charges that were not laid
Josh points out that the client could have faced two other charges. Police did not issue an infringement for using the phone. They also noted that he did not have an interlock device in the car, which he should have had if he had not been suspended; he had removed it because it was costing him money while he could not drive. Neither was charged.
The case put to the court in this Downing Centre suspended driving case study
Josh explained the significant emotional issues the client had been going through with his separation and custody arrangements. He previously worked as a truck driver and needs to drive for work. He completed the Traffic Offenders Program, which our lawyer says gave the court some assurance that he would learn from the experience. He understands that to drive again he must do everything by the letter of the law to get a valid licence back.
The outcome
Because it was a second offence, Josh explains that the minimum disqualification was 6 months and the automatic period 12 months. The magistrate reduced it to the minimum of 6 months and imposed a substantial fine. Josh says the client cannot afford to find himself back in court for any similar offence, especially one of a traffic nature.
Key general information (NSW)
General information only, not legal advice, as at October 2026. Every case turns on its own facts.
- Driving while suspended: First offence: a maximum fine of $3,300, up to 6 months’ imprisonment, a minimum disqualification of 3 months and a default disqualification of 6 months.
- Demerit points and good behaviour periods: As at October 2026, Transport for NSW’s page on how demerit points work lists the limit as 13 points for an unrestricted licence, 7 for a P2 licence, 4 for a P1 or learner licence, and 2 points for an unrestricted licence during a good behaviour period.
- Police suspensions and court disqualifications: Transport for NSW explains that police can suspend a licence on the spot for certain offences, including driving with a prescribed concentration of alcohol, driving under the influence of alcohol or drugs, some serious speeding offences and hoon offences.
- Intervention programs and deferred sentencing: Fines in NSW are expressed in penalty units, and the Sentencing Council notes that a penalty unit is currently $110.
Further reading and related videos
Boorman Lawyers has more on appearing at the Downing Centre, suspended driving offences in NSW and disqualified driving in NSW. Its Sydney site covers traffic matters across Sydney courts.
On this site, see a Port Macquarie suspended driving case and a Downing Centre case with a suspended driving charge and an ICO, or browse all NSW and court town videos.
This post has no DIY DUI link because it is a driving while suspended matter, not a drink or drug driving plea.
Read the video transcript
Just here at the Downing Centre Local Court in the CBD of Sydney. Probably considered Australia's busiest courthouse due to the sheer high volume of matters that flow through this court on a daily basis. But I was here today on a suspended driving offence. Um the Our client basically had a terrible traffic record. He's He's He had two alcohol-related offences on his history. The last one being quite a serious one in 2019. He served his time off the road for that, but then he was caught on a further suspension recently due to an accumulation of I believe it was about 25 demerit points over the last couple of years.
So a significant and high degree of offending on the road. And and there was some complications surrounding the the history. He was further He was put off the road initially for 3 months suspension, but because further demerit point offences came through after his suspension had um kicked in, the RMS decided to further extend his suspension until such time that he had performed a knowledge test and was put back on the road. So there were some other issues that we had to contend with before the court, but it was a second offence categorised as a second offence this suspended drive suspended drive second offence because there was the alcohol-related offences within the last 5 years in 2019.
Um So we got some good and detailed um instructions from our client so we could explain to the court what went wrong on this particular day that he was caught driving. Luckily for our client, he could have very well received two other offences of um uh from the time that he was charged. He was pulled over in the city. He had made a a wrong turn um and he was slightly lost. So, the police saw him on his phone at the intersection of some lights on College Street, and that gave them cause to pull him over.
So, they could have um issued an an infringement for being on the phone. They did not do that. Um they did some licence checks and revealed that his licence was suspended. At the time, he should have if he was not suspended, should have had an interlock device in his vehicle, but he had had that removed because it was costing him money whilst he was suspended. Um instructs me that he had not driven prior to this particular day since his suspension had kicked in. Uh but on this particular day, he was moving house.
He was doing it hard financially and couldn't afford to hire a a removalist. He had no one else to rely on to help remove his home. He's moving from Bondi Junction back to Fairfield to be closer to his children who he's got partial custody of. And on the morning he was um it was early in the morning he was starting to move. As mentioned, got slightly lost in the city on his phone to look at the maps to try and work out where to go. Pulled over.
Revealed he didn't have a licence. Uh police did make mention that he didn't have the interlock in his car either. So, there's there's the phone offence and the uh not having the interlock required were offences that could have been brought that weren't. Um and uh yet he was given a suspended driving offence. We outlined uh before the court the significant emotional issues he'd been going through with the [unclear: 'baby' in the captions] separation and custody issues. Um Um he just needs to drive to be able to get back on on the road for work.
He's previously worked as a truck driver. And uh and uh he also did the Traffic Offenders Program, which uh did give thought some um assurance that forward he will learn lessons and [unclear] from committing so many um traffic offences on the road. He's also learned that he'll be able to drive again in the future. He needs to do everything by the letter of the law in relation to getting a a valid driver's licence back um so that he's legally be able to operate a driving vehicle.
Uh because it was a second offence, the minimum disqualification was 6 months, um automatic period of 12 months. Um but the magistrate was [unclear] on our client and reduced it down to the minimum of 6 months. He's given a substantial fine [unclear]. And uh there was nothing else following on from that. So um hopefully our client will um move forward and do the right thing going forward because he can't afford to find himself back in court before again for any sort of similar offences, especially of a traffic nature.
Those are the matters here from Downing Centre today. Thanks for tuning in.
General information only, based on New South Wales law at the time of filming. Not legal advice — every case turns on its own facts. Past results don't guarantee future outcomes.
