If you’ve received a speeding fine in Victoria and are considering disputing it, you have several options available. If you’re wondering how to get out of speeding fines in Victoria, these are your options:
Options to Dispute a Speeding Fine in Victoria
- Request an Internal Review: Contact the infringement agency, such as Victoria Police, to apply for a review of your fine.
- Challenge the Fine in Court: If you believe the fine was issued incorrectly, you can contest it by applying to the Magistrates’ Court.
- Claim Special Circumstances: If you meet certain criteria, you may qualify to have the fine dismissed under special circumstances provisions in the Infringements Act 2006.
* Note: internal review is not available for excessive speeding offences, that is, if you are caught driving 25km/h or more above the speed limit or driving at 130km/h or more.
Each option has specific requirements and steps, which we detail below.
Speeding fine appeal letter
This can amount to different things, you can ask for:
- An internal review because you are under 10km over and you have not had any demerit point offences for the past 3 years. (This is not an appeal per se but more of a request for leniency.)
- You can ask for an internal review based on some circumstance that you say means the offence is not made out.
- Or you can send the matter to the Magistrates Court and appeal the infringement (be careful here, because if you are guilty, a magistrate will not be able to change the demerit points or licence loss for you).
Whatever you do, please understand this very simple principle, whatever you say to Vicroads or Fines Victoria in a letter about the offence can be brought up in Court later if you choose to challenge the infringement, so choose your words wisely, or in the alternative get a lawyer to help you write the letter.
Applying for an Internal Review
You may apply to have an infringement notice reviewed by the issuing agency, such as Victoria Police. However, keep in mind that only one internal review application is available for each infringement notice. When requesting an internal review, avoid making any admissions if you plan to challenge the infringement in court later. The information provided in your application may be used against you in court.
Special circumstances applications
Under the Infringements Act 2006, a person may be eligible to apply under ‘special circumstances’ if they have serious personal issues or a mental health illness that affected their ability to avoid the offence.
Qualifying for special circumstances
Special circumstances may apply if, at the time of the offence, the person was unable to understand or control their actions due to one of the following:
- Mental or Intellectual Disability: Conditions such as a mental disorder, disease, or illness.
- Substance Addiction: A serious addiction to drugs, alcohol, or volatile substances.
- Homelessness: Experiencing homelessness at the time of the offence.
- Family Violence: Being affected by family violence.
Long-Term disabling circumstances
Special circumstances may also apply if a person is unable to manage infringements due to severe, long-term disabling conditions that impact their ability to deal with these matters effectively.
Excessive speeding fines
Internal reviews are not available for excessive speeding fines in Victoria issued for driving 25km or more over the speed limit, or driving more than 130km if the speed limit is 110km.
If you receive an excessive speeding fine, your driver’s licence will be suspended, or in some cases cancelled, within 28 days. The length of the suspension imposed will be dependent on the seriousness of the offence or the alleged speed.
Next steps
If you need further advice, you should engage an experienced traffic lawyer. This can often save you a lot of time and money.
If you were not driving the vehicle at the time of the offence, you have 28 days to nominate the responsible driver before your licence is suspended or cancelled.
Challenging infringements
If you wish to further contest an infringement agency’s decision, you can apply to the Magistrates’ Court. It’s crucial to apply urgently, before the due date on your infringement notice. If accepted, your case will be heard in court, and a Magistrate will determine the appropriate penalty.
Potential penalties and costs
Be aware that challenging an infringement in court carries risks. The Magistrate has the authority to impose a more severe penalty than the original infringement, which could include:
- Licence disqualification or suspension
- Unpaid community work
- Increased fine or conviction
If the Magistrate finds the infringement invalid, your case may be dismissed or discharged. However, even if you are found not guilty, the court appearance and outcome will be recorded on your criminal record. This measure is intended to discourage challenges unless there are valid grounds.
Importance of seeking legal advice
Given the potential consequences, appealing a fine in court has serious implications. If you believe you have strong grounds for challenging an infringement notice, it’s advisable to seek legal advice from an experienced traffic lawyer as early as possible.Working with an experienced traffic solicitor in Victoria is crucial when facing driving offences. A seasoned lawyer understands the nuances of local laws, court procedures, and potential penalties. They can navigate complex legal processes, negotiate with prosecutors, and present compelling arguments to protect your driving privileges.
Notice of final demand or Enforcement Warrant stage
It is too late to nominate another driver if your infringement has reached the notice of final demand or enforcement warrant stage. However, you may still be able to nominate a responsible person if your fine is for:
- A traffic or toll (Melbourne CityLink/Linkt or Eastlink) related offence upon application to the Magistrates’ Court for an Infringement Extension.
- A parking offence upon application for an Enforcement Review on the grounds of being a ‘person unaware’ of the infringement.
A person subject to family violence who cannot nominate the person responsible for an offence is eligible for the Family Violence Scheme, which may allow the infringement to be withdrawn.
Appeals from the Magistrates’ Court
Under the Criminal Procedure Act 2009 (Vic), if you are convicted at the Magistrates’ Court, you have the right to appeal to the County Court against the conviction, sentence, or both (s 254).
A party to a criminal proceeding (excluding a committal proceeding) in the Magistrates’ Court also has the right to appeal to the Court of Appeal on a question of law (i.e. a legal issue, not a factual issue) (s 272).
Seeking legal advice for appeals
Appeals are a very technical area of law and need to be handled by criminal lawyers with experience in the appellant courts.
Choosing to appeal a decision can not be taken lightly. If you are considering appealing a Magistrates Court decision, seek advice from one of our experienced appeal lawyers.
Read below for an interesting case study in which a driver attempted to appeal speeding infringements to the Court of Appeal on an error of law.
“Absurd” speeding fine appeal to the Court of Appeal
Stefan v McLachlan [2023] VSC 501
Case overview
In this case, the appellant was stopped by police on 20 August 2020 while driving a Range Rover Discovery and was issued two infringement notices. The charges included exceeding the speed limit by less than 35 km/h (Road Safety Rules 2017 (Vic), r 20(1)(a)) and driving a vehicle without a displayed number plate (Road Safety (Vehicles) Regulations 2009 (Vic), r 50(1)).
Court penalties and charges
The appellant was fined $750 for each charge, plus $84.40 in statutory costs. These penalties were imposed without conviction. The appellant did not dispute the facts of the case but instead contested the jurisdiction of the Magistrates’ Court and the interpretation of the statute.
Jurisdictional challenge and legal questions
The appellant raised 71 legal questions in 12 categories, challenging the validity of the Magistrates’ Court’s orders and jurisdiction. He questioned the nature of the court, the validity of the Road Safety Act 1986 (Vic), and his status as a “living man” rather than a “legal person.”
Submissions from both parties
- Appellant’s Arguments: The appellant argued he was a “living man in private jurisdiction” and not subject to public statutes. He claimed that only common law and equity rules applied to him, not the Road Safety Act. Additionally, he argued that the Magistrate misinterpreted terms like “vehicle” and “driver.”
- Respondent’s Counterarguments: The respondent argued that all persons, including the appellant, are subject to the court’s jurisdiction. The law recognises both natural and artificial persons as legal entities subject to the Constitution, statutes, and common law.
Judge’s decision
Judge John Dixon J rejected the appellant’s arguments, affirming that all persons are subject to the law, whether from the Constitution, statutes, or judge-made laws. He found that the appellant’s interpretation was contrary to the purpose of the Road Safety Act, which regulates road safety for all individuals.
Interpretation of the Road Safety Act
Judge Dixon referred to Section 35(a) of the Interpretation of Legislation Act 1984 (Vic), which supports a construction that promotes the purpose of the legislation. He concluded that the appellant’s interpretation was absurd and ruled that the Magistrate had correctly applied the Act.
Other arguments raised
The appellant presented numerous additional arguments, including a misunderstanding of tax law. He claimed that Victoria Police’s ABN indicated they were a private corporation, necessitating a contract to enforce remedies. He also argued that unspecified principles of common law applied to the Act’s regulatory scheme.
Final ruling and conclusion
The appellant sought to claim inadequate reasoning under s 25D of the Acts Interpretation Act 1901 (Cth), but the judge found that the Magistrate provided sufficient reasons for her decision. In conclusion, the appellant failed to demonstrate any error of law, and the court dismissed his appeal.
Don’t face speeding fines alone – contact Dribbin and Brown Criminal Lawyers today
Navigating the complexities of speeding fines and traffic offence law can be overwhelming. At Dribbin and Brown Criminal Lawyers, we have the expertise to guide you through every step of the process, from internal reviews to court challenges.
Our experienced traffic lawyers understand the nuances of Victorian law and can help you explore all available options to achieve the best possible outcome. Don’t risk facing serious penalties or a criminal record without proper legal support.
Whether you’re dealing with a simple speeding ticket or a complex, excessive speed offence, we’re here to protect your rights and your future.
Let our skilled team provide the expert legal representation you need to dispute your speeding fine effectively and preserve your driving privileges. Contact Dribbin and Brown Criminal Lawyers today for a confidential consultation.
