How to fight speeding fines in Victoria
Speeding fines are an everyday reality for many drivers, but that doesn’t mean you have no options. If you've received a fine in Melbourne that you think is unfair or incorrect, understanding the steps to contest it can make all the difference.
In this blog post, our traffic offence lawyers in Melbourne walk you through the options, helping you decide on the best approach for your situation.
Disclaimer: Please note that the information in this blog post is general in nature and does not constitute legal advice. For individual legal counsel, please consult with a James Dowsley & Associates criminal lawyer by calling (03) 9781 4900.
Understanding your options when challenging a speeding fine
Speeding fines in Victoria are often issued by speed cameras or police officers. It’s important to understand that you have the right to challenge these fines if you believe there has been an error or if there are valid reasons why the fine should not apply.
You generally have three options:
Pay the fine,
Request an internal review, or
Take the matter to court.
Each of these approaches has its pros and cons, and understanding them can help you make an informed decision.
Additionally, it's important to be aware of how demerit points and licence suspension might come into play, especially when considering your options, as these factors can directly impact your driving privileges.
1. Pay the fine
For many people, paying the fine is the simplest option. This is especially applicable if the speeding offence is minor and there isn’t a valid reason to contest it.
Paying upfront also prevents additional penalties or complications from occurring down the track. If you choose to pay, make sure it’s done by the due date to avoid late fees or other consequences.
2. Request an internal review
If you believe the fine was issued in error, or there are extenuating circumstances, you can request an internal review from the issuing authority, such as VicRoads.
Reasons for a review may include incorrect signage, a medical emergency, or a fault in the speed detection equipment. When requesting a review, it’s important to provide as much evidence as possible. This includes photographs or relevant documents that support your claim.
When to consider going to court
Taking a speeding fine to court can be daunting, but it may be worthwhile if you believe you have a strong case and want to fight the charges. The court process can be complex, so it’s a good idea to seek legal assistance.
Understanding what to expect in court for a traffic offence can also help you feel more prepared and confident in your case.
A lawyer can help you prepare your case, represent you in court, and ensure you are treated fairly throughout the process. Knowing the top defences for speeding charges can further strengthen your position when contesting a fine.
How a traffic lawyer can help you
A lawyer with experience in traffic offences can provide invaluable assistance when contesting a speeding fine.
They understand the complexities of traffic law and can guide you through the process, potentially saving you from unnecessary penalties or even helping you avoid a conviction altogether.
If you’re unsure about the best way to proceed, getting in touch with a traffic lawyer is a smart first step. They can assess your case and give you the best possible advice on how to move forward.
What happens if you ignore a speeding fine?
Ignoring a speeding fine isn’t a good idea.
In Victoria, unpaid fines can lead to serious consequences, including additional fees, driver’s licence suspension, or even legal action. It’s always best to address the situation as soon as possible, whether that means paying the fine or contesting it.
If you ignore your fine past the due date, it will be referred to Fines Victoria. They may add extra charges and take enforcement actions such as suspending your licence or seizing assets. To avoid this, make sure to handle your fine promptly.
Keep in mind that a traffic conviction can have a significant impact on your record. It may affect both your driving privileges and potential employment opportunities.
FAQ about fighting speeding fines
Can I get out of paying my fine if I was just over the limit?
Many drivers wonder if they can contest a fine if they were just a few kilometres over the speed limit. While it’s possible, it’s generally more challenging to have a fine dismissed for minor overages. However, certain factors like incorrect signage or a legitimate emergency might support your case.
What evidence can help me challenge a speeding fine?
When contesting a speeding fine, evidence is key.
Dashcam footage, witness statements, or photographs showing incorrect speed signs or road conditions can all help support your case. It’s important to gather any evidence that may indicate an error was made in issuing your fine.
When should I speak to a lawyer about my speeding fine?
If you’re unsure how to proceed or believe the fine was issued unfairly, it’s a good idea to speak to a lawyer.
A traffic lawyer can provide expert advice, help you understand your rights, and represent you in court if necessary. They can also help you determine whether you have a strong case to contest the fine and guide you through the process.
Want to speak to a traffic offence lawyer? Next steps
Challenging a speeding fine in Melbourne is possible, especially if you have grounds to believe the fine was issued incorrectly. Whether you choose to pay, request an internal review, or take the matter to court, the key is understanding your options and acting promptly.
If you need guidance on the best approach, contact James Dowsley & Associates for professional assistance.
When you hire an experienced traffic lawyer, they can help you navigate the process and achieve the best outcome possible. Request a FREE consultation here. To speak to a lawyer or for 24/7 urgent advice, call (03) 9781 4900.
