Receiving a ticket for speeding is unpleasant, so it’s helpful to know how to contest a speeding fine if you have received one. In some situations, a fine may be reviewed and dismissed, sparing you from having to pay it. You can choose to go to court or ask for a review of your case. For more details, consult knowledgeable traffic lawyers at Josh Smith Legal.
What Happens When You Receive A Speeding Fine?
There are several ways you might be fined for speeding. You could be immediately fined if a police officer stops or intercepts you at the scene of the offence. Alternatively, a road safety camera may catch you speeding, and you will receive a fine by mail, usually two weeks after the offence.
Driving excessively fast can also lead to a criminal conviction or the cancellation of your licence, as it is a more serious offence than a typical speeding fine.
Excessive Speeding Fines
Internal reviews are not possible for excessive speeding fines issued for exceeding the posted speed limit by 25 km/h or more, or exceeding the posted speed limit by 130 km/h if the posted speed limit is 110 km/h. It’s also worth noting that while contesting fines and challenging court decisions are related, they differ significantly from legal concepts like perverting the course of justice, which involves actions intended to obstruct or interfere with the legal process.
Your driver's licence will be suspended, or in certain situations, terminated, once you pay an excessive speeding charge. This suspension will last for 28 days. The severity of the offence or the claimed speed will determine how long the punishment is enforced.
If you require any additional guidance, you should consult a knowledgeable traffic attorney. This can often save you a lot of money and time.
You have 28 days to designate the responsible driver if you were not operating the vehicle at the time of the violation. After this period, your licence may be suspended or revoked.
How to Request A Speeding Fine Review
If you believe there is a valid reason why you shouldn't be required to pay a speeding fine or that the person who issued the fine made a mistake, you have the option to file an appeal. You must initiate the process of contesting your fine at the earliest opportunity.
You can ask the organisation that issued your fine—typically VicRoads or Victoria Police—for an internal review. Each infringement notice may only be the subject of one internal review request. You may submit an internal review request on several grounds:
- You were unaware of the fine
- The penalty is void
- The incorrect individual received the fine
- Unusual situations
- Unique conditions
Excessive speeding offences are not eligible for internal reviews.
How To Challenge A Court Order For Speeding
You have the option to have the case heard in court if you prefer that your offence not be treated as an infraction. For you to appear in court, you must apply through Fines Victoria.
You must act swiftly if you wish to contest your speeding fine in court. You can only ask for a review once your fine has advanced to the Notice of Final Demand stage.
You will have to appear in person for a hearing before the Magistrates' Court if your application to appear in court is approved. The magistrate will hear your case and determine the appropriate punishment.
The magistrate will dismiss or discharge your case if they determine there is no basis for you to receive the fine. If they determine that your fine is lawful, they have the authority to record a conviction, impose a fresh fine, or require you to perform unpaid community service.
Internal Review
You can request that Victoria Police or any other issuing agency review an infringement notice. For every infringement notice, there is only one internal review application available. If you want to eventually contest the infringement notice in court, you must remain silent when requesting an internal review. In court, the information you submit in your application could be used against you.
An applicant under the Infringements Act may file a "special circumstances" claim if they suffer from a serious mental illness or emotional problems. This includes cases where an individual was:
- Homeless
- Suffering from a major drug, alcohol, or volatile substance addiction
- Having a mental or intellectual handicap, disorder, sickness, or illness
- Affected by domestic abuse
A person who is unable to handle violations because of severe, incapacitating, long-term conditions may also qualify for special circumstances.
Conclusion
Speeding fines are intended to maintain road safety. There are speed limits in place for a reason, and obeying them is a necessary component of responsible driving. However, it is not unusual for drivers to get a speeding fine at least once in their lifetime—usually for exceeding the limit by a few kilometres. Erroneous speeding fines are not uncommon, particularly when council rangers with an excessive amount of enthusiasm and malfunctioning speed cameras are involved. It is worthwhile to contest incorrectly imposed fines, but to succeed, you will need concrete proof of your innocence. Over the years, millions of dollars have been refunded to consumers for unjustified parking and speeding tickets.
