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Objecting to an Excessive Speed or Drink/Drug-Driving Fine

Objecting to a traffic infringement notice means applying in writing before the Magistrate’s Court for a hearing so that the police will present the evidence they rely upon to prove and support the charge against you which is contained in the traffic violation notice. You will have your day in court and you may just be able to impugn the evidence against you.

You will usually receive a traffic infringement notice for speeding. What happens is that a high-speed camera catches you in the act of violating the speed limits on a road. The camera takes a picture of your car and car plates. The police will then issue a traffic infringement notice upon your car and license and sent it to you through the mail.

If you are caught by the police as you are driving with the prescribed limits of blood alcohol, you will receive a traffic infringement notice personally as the police places you under arrest for drink driving.

In both these situations, the traffic infringement notice you receive in person or through the mail will inform you of the specific traffic law you violated, the penalty consisting of a fine, and the date you are to appear in court. The infringement notice will also inform you that you have a period of 28 days from receipt of the notice within which to file an objection to the traffic infringement or pay the fine.

If you choose to pay the fine, note that you are actually admitting that you committed the crime with which you have been charged in the traffic infringement notice. If you choose not to admit that you committed the traffic violation, you need to post an objection to the traffic violation. The objection must be addressed to the Magistrate’s Court that was indicated in the traffic infringement notice.

Filing an objection is the same as applying for a revocation of the traffic infringement notice. This means that you are challenging the evidence of the police. The objection will entitle you to a hearing before the Magistrate’s Court. At this hearing, the police officer who observed the violation will testify. He will identify the photo taken by the high speed camera or he will identify the results of the alcohol breath analysis test he administered.

You then have the opportunity to scrutinize the evidence which the police relies upon. You can cross-examine the police officer and you can point out contradictions in his statements. You can even assail the credibility of the evidence presented by him. If you succeed, the Magistrate’s Court will revoke the traffic infringement notice against you. You will be acquitted.

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.

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