Going to court for traffic offences

Should I plead guilty or not guilty to my traffic charge?

The first thing you need to do is consider your plea. Think about whether you want to plead guilty or not guilty. If you plead guilty you accept that you committed the offence. You also accept the police summary of what happened. If you plead not guilty your charge will be listed in court for trial. This could be months away. If you are not sure of your plea or how serious your charge is, you should get legal advice.

If I am charged with a driving offence what might I get as a penalty?

There are a range of penalties that the court might impose for a driving offence. 

The most common penalty is a fine and disqualification of your licence for a certain period. For some offences, the court must disqualify your licence for a minimum period. This means it is mandatory and the court has no choice.

You can also go to prison for some driving offences. For these offences you should get legal advice before you enter a plea.  

Do I need to go to court if I have been charged with a driving or traffic offence?

If you have been given bail or sent a summons, then you must attend court. If you do not go to court, you could be arrested and brought to court in custody.

If you have been sent a court hearing notice then you can choose whether or not to go to court:

• If you choose not to go to court, you can send the notice back to the court with your plea of guilty or not guilty endorsed on it. 
• If you choose not to go to court, and you do not send the notice back to the court, you may be convicted and given a penalty when you are not there, which may include being disqualified from driving.

If you are not present when the court deals with your traffic offence, you should be sent a notice of what happened, including whether you have been disqualified from driving. Contact the court if you do not get a notice about the result, and do not drive unless you are sure you have not been disqualified.

To check if your licence is under disqualification use the Department of Transport online licence check. Be aware that your licence may not be valid for other reasons, for example if your licence is also under suspension for unpaid fines or infringements.

There is full information about the how to deal with your traffic offence, including how to check if your licence is fully valid, in the Legal Aid WA Infosheet - Traffic - Part 1: How to deal with your traffic offence

Resources from Legal Aid WA

• Infosheet - Traffic - Part 1: How to deal with your traffic offence
• Infosheet - Traffic - Part 2: Common offences and penalties

Last reviewed: 9 September 2026