When should you challenge a traffic fine?

Challenging a fine in court can mean tougher penalties and is generally more expensive and stressful that just paying the fine in the first place. Despite this, Adelaide man David Woolmer has successfully appealed a red light ticket, throwing South Australia’s expiation system into chaos and temporarily closing more than 100 intersections while police check their cameras.

Expiation notices may be issued for criminal offences such as driving unregistered or uninsured, running a red light or speeding. They allow the justice system to handle criminal offenses without involving the courts, and usually contain a fine and loss of demerit points.

What to do if you receive one
If you receive an expiation but you weren’t the one driving the vehicle, you can nominate the driver who was. If it was you who committed the offence, you can pay either in full or request a payment plan. If you don’t believe the expiation is accurate, you can request that police review the notice or challenge it in court.

When you should pay
If you elect to challenge the fine, be mindful that matters are them taken into the court system, often incurring costs greater than the fine itself. Tim White, President of the Law Society of South Australia advised the ABC that people challenging traffic expiations likely won’t know what evidence there is against them, putting them at a disadvantage. “So the strength of your case is really not known at the time you’re making a decision [about whether] to challenge the expiation,” he said.

When you might consider challenging
“Once you have paid the fine, that’s deemed to be an acceptance of guilt you can’t really unravel,” said Karen Stanley, the lawyer who won Woolmer’s case.

As demerit points are often deducted alongside financial costs, Stanley suggested this may motivate some people to challenge expiations. “I generally say if [accepting the expiation notice] is going to result in a licence disqualification, it’s probably worth [challenging] … but it’s very expensive,” said Stanley. However, driving under the influence of alcohol or drugs can carry heavier penalties if you opt to challenge them rather than accept them.

Both Ms Stanley and Mr White noted that successful challenges in court are rare. Most of the time it won’t pay off and can cost you far more than the initial fine.

Have you ever been wrongly fined? Would you ever consider challenging an expiation in court? Do you know anybody who has?

4 comments

I was advised by a friend that a fine in NSW can be cancelled in some circumstances and I pass this tip on as it worked for me in a speeding fine. Pay the fine and attach the cheque to a letter explaining that you accept the fine but ask for it to be treated as a caution in view of your past driving record. In my case, the fine was cancelled, my points were re-instated and a cheque for the amount of the fine was attached to the letter. For this to work you must have had a "clean" licence for the previous 10 years.

Authorities are becoming increasingly less likely to rescind penalties, even when they are demonstrably in the wrong. The "clean licence" appeal rarely works, unfortunately. At seniordriveraus.com, we regularly get enquiries about whether or not to challenge a fine and as this article points out, it rarely makes financial sense, especially when your time is taken into account. The situation in SA with red light cameras having been declared unreliable has caused a furore and intersections are being closed so the cameras can be properly tested and certified -- loss of revenue is a great motivator for governments! You can read more at http://www.seniordriveraus.com/reader-enquiry-can-i-challenge-a-speeding-fine/ and also at http://www.seniordriveraus.com/reader-enquiry-ive-been-accused-of-speeding-when-i-wasnt/ and our response to a Qld reader who wanted access to speed camera data: http://www.seniordriveraus.com/reader-enquiry-can-i-access-speed-camera-data/

 

My suggestion, wordsmith, does not advocate rescinding a penalty, indeed it involves accepting the blame but asking for the matter to be treated as a caution. It is not challenging the fine, merely enquiring as to whether any motorists right to a caution can be upheld.

I had the wonderful experience with a booze bus and the Officers plus Officer in Charge. I had been thro the system by the Officer while in my car. Great ZERO reading

I asked to speak to the Officer in Charge. He duly arrived and I discussed the location of the Booze bus parked in a Local Authority Tourist Bay gazetted for that purpose. I advised him that he was unable to station the booze bus in that spot with out a permit issued by the LocaL Authority and to pack up and remove the Booze bus and all Officers on site.

He discussed the point of law. I advised that he did not have a permit. I advised the Officer in Charge I was the ONE WHO ISSUED the permits and I knew he didnot have such. NOW MOVE ON!!!!

Adviced the CEO of the situation the next morning. I was employed by the LA and was considered to be on duty  on a Sunday Arvo when this happened. He supported me and no further action by the Booze bus mob, however they did ask for a permit some time later of which I placed certain conditions to the Hours of Operation.

Gave me great please for one up for me!!!!! Realy, all fines issued by the Booze Bus at that location could have been challenged as not having approval to be on that site.

I have never challenged a traffic fine, always considered them a 'fair cop' and besides I have got away with so many infringements (ie parking in a NO STANDING zone, losing track of my speed, missing a speed change sign and, in my very youngerdays (pre breathalyser), driving under the influence I figure I am well ahead.

However my daughter requested a review of a fine for driving through roadworks, on nominally 100kph road, at 49kph at 8pm on Christmas Day. The fine was withdrawn with a warning. They are not completely without commonsense.

4 comments



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