At Chidiac & Associates, we regularly advise clients about whether completing a traffic offender intervention program may assist with the sentencing of a driving offence.

What is the Traffic Offender Intervention Program?

The Traffic Offender Intervention Program is an educational and behavioural program for people who have been charged with traffic offences.

Its purpose is to:

• educate offenders about road safety;
• develop safer driving behaviour;
• encourage offenders to consider the consequences of their driving;
• identify attitudes and behaviours that may contribute to offending; and
• reduce the likelihood of further traffic offending.

The program is not simply a course that is completed as an alternative to a penalty. It is designed to address the underlying driving behaviour and provide the Court with evidence that the offender has taken steps towards rehabilitation.

How Does the Program Work?

The Local Court can make a program participation order referring an offender to an approved traffic course.

The offender then completes the approved course and must comply with its requirements. The course provider subsequently provides a report to the Local Court concerning the offender's compliance before the matter is finalised.

Importantly, a person may also commence an approved traffic course before being formally referred by the Court, including on their own initiative or on the advice of their legal representative. The Court can subsequently make an order relating to completion of the course.

Why Complete a Traffic Offender Intervention Program?

Completing a TOIP can be particularly valuable when preparing for sentencing.

A completed program can provide objective evidence of rehabilitation and insight rather than simply relying upon an offender telling the Court that they are remorseful or intend to change their behaviour.

Depending upon the circumstances of the offence, completion of a program may assist in demonstrating:

Insight

The offender has taken the opportunity to understand the risks and consequences associated with their driving.

Remorse

Completing a program can support an offender's submission that they genuinely regret their conduct and recognise its seriousness.

Rehabilitation

The Court can take into account steps taken by an offender to address the behaviour that led to the offence.

Reduced Risk of Reoffending

Participation may demonstrate that the offender has considered how their behaviour can be changed to prevent further offending.

Personal Responsibility

Taking proactive steps before sentencing can demonstrate that an offender accepts responsibility for improving their future driving behaviour.

Can a TOIP Reduce My Sentence?

Potentially, yes - but completing a TOIP does not guarantee a particular sentence or licence outcome.

The Court considers the circumstances of the offence, the offender and the relevant sentencing principles when determining the appropriate penalty.

A completed program can form part of the material presented to the Court in support of a sentencing submission, particularly where rehabilitation and prospects of future compliance are relevant.

The NSW sentencing framework recognises rehabilitation as an important consideration, and the Local Court considers matters including the circumstances of the offence, its impact on the community, the offender's traffic history and previous participation in an approved traffic course.

When Should I Complete a TOIP?

Where appropriate, it can be advantageous to complete the program before the sentencing hearing.

This allows your lawyer to place evidence of completion before the Court and make submissions about the steps you have taken since the offending occurred.

A person should not wait until the day of sentencing to consider whether a program may assist. Depending upon the circumstances, completing an approved course before the matter is finalised may provide stronger evidence of proactive rehabilitation.

At Chidiac & Associates, we can advise you about whether a TOIP is appropriate in your circumstances and whether you should consider completing one before sentencing.

Does Completing a TOIP Guarantee No Disqualification?

No.

Completing a Traffic Offender Intervention Program does not automatically prevent a licence disqualification or guarantee that the Court will impose a particular penalty.

Driving disqualification is a separate sentencing consideration, and the applicable consequences depend upon the particular driving offence, your driving history and the legislation governing the offence.

However, where the Court has a discretion concerning the appropriate penalty or disqualification period, evidence of rehabilitation may be relevant to the submissions made on your behalf.

Which Driving Offences Can It Assist With?

The relevance of a TOIP will depend upon the particular offence and circumstances.

It may be considered in sentencing for matters such as:

• dangerous or negligent driving;
• speeding offences;
• drink driving;
• drug driving;
• driving while disqualified;
• driving while suspended;
• driving without a licence; and
• other traffic-related offences.

Not every matter will be suitable for a TOIP, and completing a course does not replace the need for tailored legal advice about the particular offence.

Why Legal Representation Matters

A TOIP is only one part of a sentencing case.

Your lawyer can consider the program alongside other relevant material, including:

• your traffic history;
• the circumstances of the offence;
• your personal circumstances;
• employment and family responsibilities;
• evidence of remorse and insight;
• medical or other relevant evidence;
• character references;
• your prospects of rehabilitation;
• the impact of a licence disqualification; and
• any steps taken since the offence.

The objective is to present the Court with a complete picture of your circumstances and the steps you have taken to prevent further offending.

How We Can Help

At Chidiac & Associates, we can assist you with:

• assessing whether a TOIP may benefit your matter;
• advising whether you should complete a program before sentencing;
• advising about the potential sentencing significance of completing the program;
• preparing sentencing submissions;
• preparing character references and supporting material;
• addressing the impact of licence disqualification;
• presenting evidence of rehabilitation and insight; and
• advocating for the most favourable outcome available in the circumstances.

Our approach is focused on preparing a comprehensive sentencing case tailored to your particular circumstances.