How to Appeal Against Speeding Fines in Australia

April 28, 2022

Speeding is one of the most common reasons for accidents. Why drivers commit speeding is due to many reasons. Either they are in a hurry, need to speed up due to emergencies, under the influence of alcohol or evading cameras that catch irresponsible drivers.

When you are caught, you receive a ticket and pay speeding fines.

Let’s dig into this topic deeper so you will understand Australia’s speeding fines and how you can contest your case.

Understanding Speeding Offence

When you are issued a speeding ticket in Australia, you might have violated a traffic speed limit. Speeding is dangerous driving, which can lead to the increased risk of accidents. 

The faster you drive, the more severe crash impact you can get. The risk of death or serious injury is also higher. So, speeding has a domino effect.

When given a NSW speeding fine, the penalty will depend on severity of the offence. The more serious the speed violation, the heavier the penalty will be. 

A serious speeding offence is considered when:

• Driving 45 km/hr more than the speed limit
• Driving when licence is disqualified or suspended
• Driving 30 km/hr over the speed limit but not exceeding 45 km/hr

When the offence is serious, the officer can suspend your licence for a period of time. This usually happens when you are speeding 45 km/hr above the limit. Moreover, they have the authority to seize your plate number or confiscate your vehicle. 

Aside from a penalty, you will get demerit points for the violation and when accumulated can lead to suspension of your driving licence.  

Suspended sentence of driving licence can last for three months when you are driving 30 km/hr above the speed limit and up to six months when you are driving 45 km/hr above the speed limit. Licence suspension is imposed by the police or the Revenue office while disqualification is by the Court.

Can I Appeal Against a Speeding Ticket?

When you are issued a speeding fine in NSW or receive a penalty notice, you can approach it in two ways:

• Requesting For a Review

If you think there is an error in the issuance of the ticket or it is an exceptional circumstance that results in the violation, you can request a review from the Revenue NSW. The review can lead to three possible outcomes, which are: the penalty being cancelled, being let-go and given a caution or the penalty continuing to stand. 

The Revenue NSW will only consider reviewing an overdue fine when:

• Whether the penalty should be issued in the first place
• You are not the person committing the offence
• The offence occurred due to emergency
• The offence was committed due to mechanical breakdown
• You have a clean driving record.

Once your request is under review, the penalty will be put on hold until a decision is made. In situations where the review failed, you can request for it to be heard in court. However, you cannot request to have it reviewed and bring it to court simultaneously as this will lead to cancellation of review. 

• Bringing the Matter to Court

When you decide to bring the matter to court, you need to get the help of a lawyer specialising in traffic law. This is because when you bring the case to the court, you are asking the court to decide your innocence or guilt. 

Once the proceeding starts, you cannot change your mind and decide to pay the penalty. When appealing, you need to bring it to court before the due date, which is usually 28 days after the notice. 

Hiring a lawyer can increase your chance of success and prevent unwanted outcomes. Basically, there are three possible outcomes given by the court: guilty, not guilty and no conviction after plea. 

The no conviction after a plea is the possible outcome if you are successful in proving to the court that the penalty isn’t necessary. This can be done when you have a good traffic law attorney working with you.

Nevertheless, take note that not all speeding fines should be brought to the court, except when your licence is at risk for suspended sentence. 

On What Grounds Can You Contest a Speeding Ticket?

You can contest a speeding fine in NSW when:

• There is an error in issuing the ticket.
• You are not the person committing the offence.
• There is a safety issue.
• The person is suffering from mental disability/illness.
• The offence was an effect of a medical emergency.
• You have a good driving record.

How Do You Seek Leniency for a Penalty?

You can seek leniency for your speeding fine by going to the local court. However, this can only be done when you haven’t paid the penalty and is still within the 28 days’ period from the date you received the penalty notice. 

Can I Ask For Proof of Speeding?

When you receive a NSW speeding fine notice, and it is captured on camera, you can actually view the images and download it for free from the website. What you need is your penalty notice number and the date of the offence.  

Mardini Defence Lawyers: Defending You

Whether you are facing a criminal charge or a speeding fine in NSW, you can come to us.

At Mardini Defence Lawyers, we are passionate in criminal law and understand how stressful and nerve-wrecking court proceedings can be for you, and we are here to help. Our team has been defending people for many years and has handled a range of cases from traffic, criminal, bail and appeals.

If you are in need of legal advice 24/7, call us on 0412-719-705. We also offer free initial consultation.