Possible outcomes for traffic offences in court
A traffic offence is a form of criminal offence. There can be serious consequences for committing a traffic offence.
This webpage explains the general types of penalties you can get for traffic offences dealt with in a court, but does not cover every possible penalty or say what penalty you will actually receive. That depends on many factors, including your personal circumstances. If you want to know the particular penalty you are likely to receive if you are dealt with by a court, you should get legal advice.
There is detailed information about the types of penalties you can get for traffic offences dealt with by infringement notice or by a court, in the Legal Aid WA Infosheet - Traffic - Part 1: How to deal with your traffic offence.
The Legal Aid WA Infosheet - Traffic - Part 2: Common offences and penalties explains the maximum penalty for some common traffic offences when dealt with in a court. It will help you understand whether you could lose your licence and whether imprisonment is an option. It will help you understand how serious your offence is and whether you should get legal advice and representation.
What penalty can I get for a traffic offence?
The types of penalties you can get when you are convicted in court of a traffic offence include:
- Fine
- Demerit points (which apply automatically for some offences if you are not disqualified from driving by the court)
- Disqualification from driving (which can result in your licence being automatically cancelled)
- Impounding or confiscation of your vehicle
- Order in the community
- Imprisonment for some serious offences.
You might receive more than one type of penalty for an offence (for example, a fine and period of disqualification from driving).
There is detailed information about the types of penalties that are possible for traffic offences, in the Legal Aid WA Infosheet - Traffic - Part 1: How to deal with your traffic offence.
Are there fixed penalties for offences dealt with in court?
For many traffic offences, the law says a court must give a minimum penalty, such as a minimum fine and a minimum period of disqualification. In this case the court must impose at least the minimum fine and at least the minimum period of disqualification for the particular offence. The court can impose more if it thinks it is appropriate, but can never impose less than the minimum.
What can happen to my driver's licence?
Many traffic offences have a penalty that includes disqualification from driving. Disqualification means that you are not allowed to drive for a period of time. If your disqualification is ordered by the court, it will say how long you will be disqualified from driving. For some drink driving offences you can be given a roadside disqualification notice by police that lasts for 2 months and when you go to court you can be given more disqualification time, taking into account the time you have spent disqualified under the roadside notice.
In some circumstances, when you are disqualified your licence may also be cancelled and you will have to re-sit your test to get your licence back when the disqualification period has ended. If your licence is cancelled because your offence is an alcohol interlock offence, you must meet certain requirements from the Department of Transport before you can get your licence back. There is more information about alcohol interlock offences in the Legal Aid WA Infosheet - Traffic - Part 2: Common offences and penalties.
If demerit points apply to the offence and the court does not disqualify you from driving, the demerit points will apply to your licence automatically when you are convicted in court. Because they are automatic, the court may not mention the demerit points when giving you your penalty. If you get at least 12 demerit points on your licence (or less for novice drivers) within a three year period, you will be given a demerit point suspension that stops you driving for at least 3 months but it can be longer.
What if I have more than one disqualification or suspension?
At the same time as you are disqualified from driving by a court, or you get a demerit point suspension, you may have other disqualifications or suspensions, such as a suspension for unpaid fines or infringements.
If you have more than one disqualification or suspension, there are complicated rules about when the different orders start and finish. It is easy to make a mistake about when you can drive again. To be clear always check your licence is valid before you drive. To check if your licence is under disqualification or cancellation use the Department of Transport online licence check and to check if you are under a licence suspension order for unpaid fines or infringements, use the Department of Justice online fines suspension check.
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?
More information
Department of Transport
Road Safety Commission
Reviewed: 9 September 2026