Have you ever received a fine and didn’t think it was deserved? This may range from a speeding fine to running a red light or using your mobile phone while driving.
In NSW, there are processes in place you can use to contest a fine. Additionally, there are key factors the court considers when reviewing fines.
Read our blog to discover useful tips for contesting a fine in New South Wales.
What is a traffic offence fine? What are some examples?
Traffic fines are those you receive due to speeding offences and traffic violations.
The following are common examples of traffic offences:
- Driving over the speed limit
- Red light traffic offences identified by a red light camera or a police officer
- Speeding offences detected by a speed camera or a police officer
- Using a mobile phone behind the wheel
- Not using a seat belt while driving
- Being an L or P plate driver and driving without displaying your L or P plates
- Failing to produce a driver’s licence when requested by a police officer
- Driving a vehicle that isn’t registered
- Offences committed in bus lanes
- Offences related to toll roads
- Parking offences
How To Request a Review
Section 24A of the Fines Act 1996 (NSW) allows drivers to request a review of their penalty notice. You can request a review of your fine through myPenalty on the Revenue NSW website. You have until the due date stated on the penalty notice to request your review. To be eligible to request a review, there must either be a mistake in the fine or exceptional circumstances that led to the offence.
What do you need to submit your review of fine
To process the review, you need the following:
- Proof of your identity, including your date of birth or driver’s licence number and your address
- Your penalty notice number(fine or infringement notice number)
- The date of the traffic offence
- Supporting evidence for your review
Who can submit a review of the fine?
You can only submit a review of the fine if you’re the individual named on the notice. To prove this, you’re required to submit an identification document. For example, your driver’s licence number or date of birth and your address.
Supporting evidence you can use to contest a traffic offence fine
The supporting evidence you submit to support your review request will depend on the reasons for the request. Supporting evidence that will be accepted includes the following:
- Proof of vehicle repairs
- Permits
- Medical evidence
- Copies of tickets
- Police reports
You can submit your supporting documents when you submit the review online by scanning and attaching copies of your documents.
You can also submit your supporting documents to Revenue NSW through the mail by attaching copies of the documents.
Primary reasons you can contest a fine
You can contest a traffic offence fine you’ve received based on the following grounds:
- Your belief that the fine was issued in error
- The fine being incorrectly issued
- Other factors causing the offence to be committed
- Extenuating circumstances exist in your case
- You can request leniency on the basis of your driving record
Factors That Will Be Considered By Revenue NSW During The Review Process
A number of factors can be considered by Revenue NSW, including the following:
- Whether there was a mistake in issuing the fine
- Whether you were driving the car at the time the traffic offence was committed (i.e. someone else was driving your car)
- Whether the offence involved a safety issue (i.e. speeding in a school zone or not wearing a seatbelt)
- Whether you suffer from a mental illness or disability
- Whether the offence was committed during a medical emergency
- Whether your driving record is clean
What are the possible outcomes for reviewing the fine?
A traffic fine review can result in three possible outcomes:
- Penalty to stand
- Caution
- Cancellation
Penalty to stand:
If you receive this outcome, Revenue NSW believes that the fine has been issued correctly and that you’re guilty of the offence. Therefore, you’ll be required to make the payment, or you can have the fine reviewed in court.
Caution
If you receive this outcome, Revenue NSW believes that the fine has been issued correctly. However, you’ll only receive a caution rather than a fine due to the circumstances of your case. Additionally, the traffic offence will not result in demerit points being lost. However, Revenue NSW will include the caution in your driving record.
Cancellation
If you receive this outcome Revenue NSW declares that the fine was issued incorrectly, in error or that it didn’t disclose the offence correctly. Therefore you won’t be required to make a payment, and you won’t lose any demerit points in relation to the offence.
Tips for Contesting a Fine in Court
If Revenue NSW denies your request or you disagree with the review, you can defend your case in the Local Court. You can use the following tips to increase your chances of success when
contesting your fine in court :
- Make sure you have a valid reason to contest the fine
- You should hire a lawyer so they can offer you assistance and guidance on how to approach contesting the fine
- Ensure you have strong supporting documentation. This can include evidence of your clean driving record or a reference from your employer affirming your good character.
- Ensure you’re dressed appropriately
- You should speak to the Magistrate in a respectful manner
- Ensure you’ve prepared your evidence
Frequently Asked Questions (FAQs)
When do I have to make my review of the fine?
You should submit your review of the fine by the due date outlined in the fine reminder notice if you haven’t paid already.
What do you do if you’ve already paid the fine?
You will need to contact Revenue NSW within 60 days from when the fine was issued.
How do you ask for leniency on a fine?
Leniency considerations are outlined by Revenue NSW’s ‘Review Assist Fairer outcomes for NSW. You can ask for leniency for traffic offences relating to the following:
- Parking
- Traffic
- Speeding
- School zones
- Heavy vehicles
An example of where leniency would be provided in relation to a parking ticket is if an individual has paid for the ticket but failed to correctly display it.
How do I write a letter to get out of a fine?
You can request a review of your fine by writing a letter to Revenue NSW.
How much does it cost to take a fine to Court NSW?
The costs associated with going to court for a fine depend on the verdict of your fine review. For example, if you’re found to be not guilty, there are no costs you’re required to pay. However, if you’re found guilty, you’ll be required to pay court costs and possibly the prosecutors’ professional costs.
What do you do if you’ve lost your notice of the fine?
You can contact Revenue NSW or submit an enquiry. In order to prove your identity, you must provide the following documentation:
- Licence number
- Address
- Vehicle registration number
- Date of birth
How to take a fine to court?
You can take a fine to court if you haven’t paid your fine, and you act within 28 days of receiving the penalty reminder notice. Your fine will be determined in the Local Court of NSW by a Magistrate.
To go to court, you’re required to submit a court election form which is available on the Revenue NSW website. Alternatively, you can apply by writing to Revenue NSW by the due date. The State Debt Recovery Office (SDRO) will send you a Court Attendance Notice (CAN) if you decide to go to court. The notice will provide information regarding the location and date of your hearing.
What happens when you take your fine to court?
If you take your fine to court, there are three possible outcomes:
- Guilty
- Not guilty
- No conviction after a plea
Guilty
A guilty verdict will require you to make a payment, and you’ll lose the demerit points that apply to your case.
Not guilty
If you’re found not guilty, you won’t have to pay the fine, and your charge will be cleared.
No conviction after a plea
You can plead guilty without being convicted or receiving any penalties by proving to the court that the punishment you’re receiving is undeserved. This outcome can be obtained on the basis of good behaviour over a certain time period.
What do you have to do if you have a change in your address?
If your address changes, you’re required to inform Transport NSW within 14 days.
If you fail to update your address, your fine may be sent to the incorrect address. This can lead to you missing the fine’s due date, which could result in extra charges, and Revenue NSW could also pursue debt recovery action.
Is it possible to challenge all traffic offence fines?
It isn’t possible to challenge every traffic offence fine. However, the NSW State Debt Recovery Office(SDRO) allows for leniency and the consideration of special circumstances in certain situations.
However, a mandatory sentencing regime is applied to certain offences. For example, if you’re found to be driving over the speed limit by 30 km/h, your license will automatically be suspended. Similarly, if an L or P plate driver is caught speeding, this will result in an automatic licence suspension of at least three months.
How can you pay your fine?
There are multiple ways you can pay for your fine, including the following:
- Service NSW app
- Using a credit card online through the Revenue NSW website
- BPay
- You can pay by phone through calling 1300 130 112, which is a Revenue NSW number using Mastercard or Visa
- You can physically pay at a post office or a Service NSW service centre
- You can pay via mail through a money order or cheque
What happens if you can’t afford to pay your fine in full?
You can pay your fine in instalments in the event of financial hardship. The following circumstances will allow you to select this payment plan:
- If you’re able to complete the payment within three months
- If you require more than three months to pay the fine
- If you’re in the process of repaying fines for other offences
Who can issue a traffic offence fine?
Traffic offence fines can be issued by the following:
- Police officers
- Government and court agencies, such as Revenue NSW
- Local councils
- Transit officers employed by transport NSW
Does contesting a traffic fine have a good chance of success?
The likelihood of success will depend on your individual circumstances. However, many individuals have seen success in contesting their traffic offence fines.
For example, in 2011, the NSW government was required to refund approximately $32,000 in fines to drivers who received fines due to two faulty speed cameras located in Sydney’s Lane Cove Tunnel.
Conclusion
You will have a greater chance of having a successful review if you follow this guide outlining the most important tips for contesting a fine.
However, traffic law can be complicated, so if you’re still feeling unsure, you should hire a lawyer for legal advice.
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