Receiving a traffic fine can be a frustrating experience. Whether it’s a speeding ticket, mobile phone use while driving, red light violation or parking fine, the financial impact and potential demerit points can be significant. However, it’s essential to remember that contesting a traffic fine is your right as a motorist in NSW. In this article, we’ll provide you with valuable tips to help you navigate the process of contesting a traffic fine effectively.
Understanding the fine
The first step in contesting a traffic fine is to thoroughly understand the details of the offense. Carefully read the fine notice, noting the specific charge, date, time and location of the incident. Familiarise yourself with the relevant road rules and regulations that pertain to your case, as this will enable you to build a strong defence.
Gather evidence
Gathering evidence is crucial to support your case. Take photos, videos or sketches of the scene where the offense allegedly occurred. If there were extenuating circumstances, such as poor signage or faulty equipment, document these as well. Collect any witness statements or other relevant documents that may support your defence.
Seek legal advice
Consulting an experienced traffic lawyer is highly recommended when contesting a traffic fine. Lawyers specialising in traffic law, like Benjamin & Robinson Lawyers in Sydney, possess in-depth knowledge of the legal processes and can guide you through the complexities of your case. When you meet with a traffic lawyer, you will be asked to bring the infringement notice / charge sheet and your complete RTA Driving Record. This will assist your lawyer to provide tailored advice for your situation. They can help assess the strength of your defence, provide expert advice, and represent you in court if necessary.
Lodge an appeal
To contest a traffic fine, you’ll need to lodge an appeal with the appropriate authority. In NSW, this is typically the Local Court or Revenue NSW. Ensure you follow the prescribed procedures and meet the deadlines for filing your appeal. A traffic lawyer can assist you in completing the necessary paperwork and ensure that all relevant information is included.
Prepare for court
If your case proceeds to court, preparation is key. Work closely with your lawyer to develop a solid defence strategy based on the evidence you have gathered. Familiarise yourself with the legal arguments that can be raised, such as improper signage, inaccuracies in speed detection equipment, or a medical emergency, among others. Dress appropriately and present yourself professionally in court, as this can positively impact the judge’s perception of your case.
Negotiate a reduced penalty
In some instances, it may be possible to negotiate a reduced penalty with the prosecution. A traffic lawyer can engage in discussions with the prosecution to explore alternative outcomes, such as accepting a lower fine or requesting the removal of demerit points. This can be particularly beneficial if your defence has some weaknesses or if you want to resolve the matter quickly.
Benjamin & Robinson Lawyers have a proven record of achieving excellent results for clients
Established for over 30 years, Benjamin & Robinson Lawyers has developed an excellent reputation for providing the highest standards of legal services for the Sydney community. We offer expertise in commercial leasing, property law and conveyancing, compensation law, family law, wills and estates, and traffic law. Would you like more information about our services? Contact us today to schedule a consultation. With offices in South Hurstville and St George, the fees at Benjamin & Robinson Lawyers are affordable and competitive. For enquiries or a quote, contact us today on 02 9547 1733. You can also email us. Connect with our experienced lawyers today.