Traffic infringement notices issued by the Police

The police may issue the driver with a traffic infringement notice when the penalty for the offence does not involve a term of imprisonment.

The driver then has the option of:

• paying the fine specified in the notice
• challenging the infringement notice, if the driver believes they are not guilty of the offence.

Challenging an infringement notice
A person who wishes to challenge an infringe¬ment notice should request that the matter be either:

• reviewed by the Director of the Infringe¬ment Processing Bureau, or
• referred to the Local Court.

Requesting a review
A review must be requested before the time for payment has expired.

The request for the review should set out:

• the reasons for the request
• details of the person’s driving record.

The reasons should consist of facts that demon¬strate either:

• innocence, or
• extenuating circumstances that may be suffi¬cient excuse for committing the offence.

The review usually takes about six weeks.

Referral to the Local Court

If the matter is heard in the Local Court and the offence is dealt with without proceeding to conviction pursuant to Crimes (Sentencing Procedure) Act 1999 s.10, no demerit points will be recorded against the driver (Road Trans¬port (Driver Licensing) Act 1998 s.14).

If the matter is heard in the Local Court and the driver is unsuccessful, the court may impose a fine higher than that in the traffic infringement notice.

Failure to Respond to An Infringement Notice

If the person does not pay the fine or refer the matter to court, the State Debt Recovery Office, in cooperation with the RTA, may move to first suspend and then cancel the person’s driver’s licence or car registration, and will not permit their reissue until the fine has been paid (Fines Act 1996).

This article provides basic information only and is not a substitute for a professional or legal advice. For professional advice, please contact our criminal lawyers.

Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.