Traffic & Criminal Law

We provide expert advice for a range of traffic and criminal law matters. We can help whether you have been charged with an offence or the police have attempted to question you or someone you know. We are committed to achieving great results for our clients through strong representation and by helping them navigate Australia’s complex criminal justice system. Principal, Warwick McCarthy, has years of experience in representing clients in the Local and District Courts in Dubbo and surrounding areas. We deal with a range of criminal law matters, including:

Traffic and driving offences
Drink driving and driving under the influence of drugs
Illicit drug offences
Assault and other violent offences
Theft and larceny offences
Public order offences – disorderly conduct, criminal intent, riot, and affray,
Apprehended Violence Orders and Apprehended Domestic Violence Orders
Summary and indictable matters
Bail applications
Severity and sentence appeals

Traffic Offences

In New South Wales, certain traffic offences, such as exceeding the speed limit, failing to give way, or running a red light usually attract a fine and the imposition of demerit points. The demerit system acknowledges that occasional mistakes can happen to otherwise good and careful drivers, but if too many traffic laws are broken over a specified period, a driver can lose their licence.

Some serious traffic offences, however, can result in arrest, especially if they involve more serious violations or pose a risk to public safety. Examples include reckless driving, driving under the influence of alcohol or drugs, or driving while disqualified. You should seek urgent legal advice in this case.

If you commit a serious traffic offence you will probably be given a Court Attendance Notice (a CAN) and your matter will be dealt with by a Magistrate in the Local Court. You will need to enter a plea (guilty or not guilty). If you plead not guilty, the prosecutor will need to prove the offence beyond a reasonable doubt to get a conviction. As there are sentencing discounts for the early entry of a guilty plea, it is important to get advice on your matter if you are unsure of how to plead or if you are considering entering a not-guilty plea.

Drug Offences

Penalties for drug offences depend on the type and amount of drug in question. Penalties also vary depending on whether the drug was for personal use or being cultivated or trafficked. For example, if you are caught smoking cannabis, you will face a less serious penalty than if you are found using the more dangerous classes of drugs such as cocaine, methamphetamine, and heroin.

The most serious penalties for drug offences are reserved for cultivating and trafficking the most dangerous drugs in the highest quantities. Trafficking of large commercial quantities of drugs can lead to life imprisonment and very large fines. If you have been charged with a drug offence, we recommend contacting us as soon as possible.

Apprehended Violence Orders

If you have an Apprehended Violence Order (AVO) against you, you must follow the rules contained in it. An AVO is a civil order, however, breaching an AVO is a criminal offence and can result in a criminal record. If someone breaches an AVO, they can be arrested and charged. If convicted, an offender may be imprisoned, fined, or put on a good behaviour bond.

You can be convicted of breaching the AVO if you knowingly do something that the AVO prohibits you from doing. However, you will not be convicted if you can prove that you were not served with the AVO and you were not in Court when the order was made. You will also not be convicted if the reason you breached the AVO was because you were following an order of the Court by attending mediation with the person named in the AVO or a Property Recovery Order.

Going to Court and Sentencing

If you need to attend Court for a criminal matter, the potential outcome can be greatly improved by obtaining advice and representation from an experienced criminal lawyer. If the alleged offence is a summary offence, it will be heard in the Local Court. If it is a more serious offence, it may be referred to the District Court or the Supreme Court.

At the Court hearing, you will be asked to enter a plea of guilty or not guilty. We will guide you on the best course of action based on the circumstances of your case. If you plead not guilty, a trial will be conducted to determine your guilt or innocence.

If you plead guilty or are found guilty, the Court will proceed to sentencing, which may involve fines, community service, probation, or imprisonment, depending on the severity of the offence and other relevant factors. In some circumstances, the Court may also choose to dismiss the matter, despite a guilty verdict, or impose a suspended sentence with a good behaviour bond.

In deciding what is an appropriate sentence, a Court considers ‘aggravating’ and ‘mitigating’ circumstances to guide the judge or magistrate. This usually involves putting a case (submissions) to the Court and providing supporting material such as:

details of your character, work history, family circumstances, community involvement, etc.
your criminal history
any medical issues relevant to the offending behaviour or other plausible reasons for having committed the offence
for traffic matters, your reliance on a driver’s licence for work, etc., and the impact the loss of a licence has or will have on your future
a character reference from a respected person who is aware of the charges being made and that addresses specific aspects of the matter in light of the circumstances

If you or a friend needs expert criminal law advice, please call our office to arrange a confidential appointment.

If you need assistance, contact [email protected] or call 02 6885 0025 for expert legal advice.

Megan Cassidy

Receptionist

Megan is our Receptionist and is one of the first point of contact in the firm. She is the bubbly person answering the phone and the friendly face that will welcome you when you walk in the door at Warwick McCarthy & Co. Megan will pass on all enquiries discreetly and understands the importance of client confidentiality. Megan is also an appointed Justice of the Peace in the State of New South Wales.

E: [email protected]

Taasha Delaney

Conveyancing Assistant

Taasha is our Conveyancing Assistant. Taasha commenced working with us in February 2021 as Receptionist and soon after transferred into the role of Conveyancing Assistant. Since then, Taasha has assisted both Warwick and Makita in the handling of many clients throughout their journey whether it be buying or selling residential, rural or commercial properties. Taasha is an enthusiastic member of the conveyancing team ensuring that she remains up to date with the changes in the e-conveyancing industry as well as conducting herself in a professional manner when dealing with clients, banks, and other firms within the industry. Taasha is proficient in the use of Pexa for electronic conveyancing. Taasha is also an appointed Justice of the Peace in the State of New South Wales. E: [email protected]

Chriss Cronin

Legal Assistant

Chriss is an assistant to Warwick McCarthy with respect to Wills, Power of Attorneys, Enduring Guardians and Probate matters. Chriss is a Dubbo local that joined our team in late 2023. Chriss is new to the legal sector, however, has a wealth of knowledge across other customer service, administration, and management roles that she has brought with her to the team. Chriss has experience dealing with client enquiries and is always happy to assist by dealing with matters and enquiries efficiently and discreetly. Chriss is also an appointed Justice of the Peace in the State of New South Wales. E: [email protected]

Makita Martin

Licensed Conveyancer

Makita is our Licensed Conveyancer, having studied at Macquarie University and has been working in the Conveyancing industry for almost 20 years in both the Riverina and Central West of New South Wales. Makita was born and raised in Griffith, NSW and moved to Dubbo in 2009 with her husband Matt. They have 3 children and are all well settled into life in Dubbo. Outside of work Makita enjoys camping, playing soccer, participating and volunteering at the local Parkrun and being involved in the kids sports. Bringing with her a wealth of practical experience, up-to-date training and enthusiasm, Makita is ready to assist in the handling of your residential, rural and commercial conveyancing matters. Makita is a certified PEXA member frequently undertaking electronic conveyances. Makita is also an appointed Justice of the Peace in the State of New South Wales. E: [email protected]

Kiana Kennedy

Legal Assistant

Kiana is an assistant to Warwick McCarthy with respect to Family Law, Property Settlement, and Criminal matters.

Kiana joined our team in late 2023.

Kiana is very welcoming and will ensure she offers a genuine understanding to assist client’s needs.

Prior to joining the team here at Warwick McCarthy & Co. Solicitors, Kiana worked in Domestic Violence where she was able to learn essential skills and develop an empathetic nature. Although she is new to the legal sector, she is experienced in ensuring that clients have a safe space to talk and raise their concerns whilst feeling understood.

Kiana is also an appointed Justice of the Peace in the State of New South Wales.

E: [email protected]

Matthew Quill

Solicitor

Matt has worked for Legal Aid NSW (here in Dubbo), in private practice and for the ODPP. He brings to his practice a balance of empathy and expediency in getting to the issue and presenting a solution. He has a solid knowledge of criminal law and takes pride in the ability to explain legal concepts and issues effectively to his clients. Matt has appeared in Children’s Court and Local Court defended hearings, bail applications and sentencing hearings. He has successfully run plea traversal hearings and Section 32 applications. He has instructed Counsel in District Court trials and successfully appealed Local Court sentences in the District Court. Matt was born in Canowindra but lived in Sydney and overseas for most of his adult life. He is now settling back in the Central West with his young family. E: [email protected]

Warwick McCarthy

Principal Solicitor

Warwick has been practising law in Dubbo and across the Central West of New South Wales for over 25 years. Warwick was raised in Sydney, studying at the University of NSW where he completed a combined Arts/Law Degree with Honours in Philosophy. After graduating, Warwick commenced in general practice with another respected local firm in Dubbo. Over the years he has worked in most fields of law (including crime, family, succession and property law), especially in advocacy (court appearances). Warwick has appeared in a vast number of court cases, ranging from traffic matters in the Local Court, to instructing Barristers in the District, Supreme, Family and Federal Circuit Courts. Warwick’s family (his wife and five children) are well settled in the local community and he has developed strong ties to people on the land and the townspeople who depend on them. Warwick now works principally in family law and succession. He maintains strong links with his professional peers, and is active in the local community. Warwick strives to provide the best representation and the best outcomes for our clients. E: [email protected]