Receiving a traffic infringement in the mail for speeding, running a red light, or illegal mobile phone use can be incredibly frustrating. While many drivers simply pay the fine to make it go away, accumulating demerit points can quickly lead to a suspended licence and a devastating loss of your ability to work.
If you believe a traffic infringement was issued incorrectly or unfairly, you have the right to formally dispute the fine in court. At Bell & Senior Lawyers, we have profound experience challenging police evidence and successfully defending camera-detected offences on the Gold Coast.
Types of Fines We Successfully Challenge
We contest a wide range of infringement notices, including:
- Camera-Detected Speeding Offences: High-speed mobile and fixed speed cameras often rely on complex calibration requirements. If the camera was positioned incorrectly, out of calibration date, or operated outside standard procedures, the charge can be challenged.
- Mobile Phone Infringements: Often these rely on heavily pixelated AI-detected images or the visual observation of an officer from a distance. We require Police Prosecutions to definitively prove it was a mobile phone (and not a wallet, sunglass case, or the driver scratching their ear).
- Red Light Camera Offences: Disputing the timing of the amber light phase and photographic clarity.
- Seatbelt Infringements: If an exemption applied or the image is fundamentally inconclusive.
- Defect Notices: Arguing against the subjective determination of a vehicle being dangerously defective on the roadside.
Electing to Go to Court
When you receive a traffic infringement notice, you usually have 28 days to elect to have the matter heard in court by ticking the box on the back of the ticket.
Do not pay the fine if you intend to dispute it. Paying the fine automatically finalises the matter and the demerit points will immediately be applied to your traffic history.
- Strategic Advice: Before electing to go to court, we will formally review the evidence. Sometimes, challenging a fine can result in heavier penalties if unsuccessful, and you will become liable for the Offender Levy and court costs. We provide a frank assessment of your prospects of success.
- Statutory Declarations (Not the Driver): If you were not the driver of your vehicle when the camera-detected offence occurred, you must complete a statutory declaration nominating the actual driver. If you fail to do this within the timeframe, you (as the registered owner) will be held strictly liable. We can assist in preparing this accurately.
- Cross-Examination: If you elect to dispute the fine, we will vigorously cross-examine the issuing officer in the Magistrates Court regarding their line of sight, the conditions of the test, and their adherence to strict operational manuals.
Contact our Gold Coast traffic lawyers today for experienced guidance on fighting an infringement notice and protecting your demerit points.