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 your charge is serious, 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 let 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.

If you have been sent a court hearing notice then you 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 endorsed on it. This means you let the court know in writing whether you want to plead guilty or not guilty.
• 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 even though you are not there. 

Resources from Legal Aid WA

• Infosheet - Traffic - Part 1: How to deal with your traffic offence
• Infosheet - Traffic - Part 2: Common offences and penalties
• Fact sheet - Lost your licence?

Last reviewed: 30 May 2024