Receiving a ticket for speeding is unpleasant, so learn how to contest a speeding fine if you have received one. A fine may be reviewed and dismissed in some situations, sparing you from having to pay it. You can choose to go to court or ask for a review of your case. You can obtain more details from knowledgeable traffic lawyers at Josh Smith Legal.
What Takes Place Upon Receiving A Speeding Fine?
There are several ways that you might be fined for speeding. You could be immediately fined if a police officer stops or intercepts you at the scene of the crime. A road safety camera will catch you speeding, and you will receive a mail-in fine. Usually, this happens two weeks after the crime.
If you drive too fast, you may also be fined. This can lead to a criminal conviction or the cancellation of your licence because it is a more serious offence than a typical speeding fine.
Excessive Fines For Speeding
Internal reviews are not possible for excessive speeding fines issued for exceeding the posted speed limit by 25 km/h or exceeding the posted speed limit by 130 km/h if the posted speed limit is 110 km/h.
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 ought to consult a knowledgeable traffic attorney. You can frequently save a tonne of money and time by doing this. However, it's essential to remember that safe driving practices should always take precedence, avoiding activities like eating or drinking while driving to minimise the risk of accidents and fines.
You have 28 days to designate the responsible driver if you were not operating the vehicle at the time of the violation, after which your licence may be suspended or revoked.
How to Ask To Have A Speeding Fine Reviewed
If you believe there is a valid reason why you shouldn't be required to pay a speeding charge or that the person who issued the fine made a mistake, you have the option to file an appeal. It is imperative that you 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 move 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, though, they have the authority to record a conviction, impose a fresh fine, or require you to perform unpaid community service.
Internal Examination
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, it is crucial that you 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.
Should an individual have been incapable of comprehending that their actions were unlawful or of controlling actions that were unlawful, and at the time of the violation, the person:
- was homeless;
- suffered from a major drug, alcohol, or volatile substance addiction;
- had a mental or intellectual handicap, disorder, sickness, or illness;
- been impacted 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
The purpose of speeding fines is to maintain road safety. There are speed limits in place for a reason, and obeying them is a necessary component of driving responsibly. But 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 at work. 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 paid to consumers for parking and speeding tickets that were unjustified.
