How can i contest a speeding fine

If you accumulate 2 or more demerit points during this period, your licence will be suspended for double the original suspension period i. Please contact our office for further information as strict time limitations apply.

You can also see our page on Special Hardship Licenses. If I accept the fine, I have been told I will lose my licence. Is there anything else I can do? The suspension time for this particular offence will be 6 months. For many people, losing their license can result in them losing their job and can result in significant financial hardship for both them and their family.

If losing your license would result in the loss of your job it is very important to get advice on whether you are eligible for a special hardship order. A special hardship order is an order made by the court that will allow you to drive under special conditions even though your normal driver license has been suspended as a result of incurring excess demerit points.

You hold a current provisional or open Queensland driver license; and. Your licence has not been suspended or cancelled for any other reason than a SPER suspension in the last 5 years; and. You do not have any convictions for dangerous driving offences in the last 5 years. You must make an application for a special hardship order within 21 days from the date of your suspension taking effect.

If you meet all of the above criteria we recommend that you contact a traffic lawyer as soon as possible after receiving your suspension notice. You must meet other requirements, namely, that you can show the court:. What are the benefits of engaging a solicitor to help me with my Special Hardship Application? The process for applying for a special hardship license can be complex and technical. This process requires you to;. Prepare documents to be given to the court;.

Attend court and make submissions to a Magistrate about why you require the order to be made. Many applicants have difficulty with this process and require legal attention. If losing your license will result in the loss of your job we always recommend seeking legal assistance with this process. The solicitors at Potts Lawyers are traffic law experts with years of experience in helping our clients to successfully obtain special hardship orders.

Our solicitors are able to assist you with this application by;. Obtaining all the documents and information relevant to your application;. Dealing with your employer to obtain evidence;. Dealing with the police;. Drafting professional, high-quality court documents designed to maximise your chances of obtaining this license;. Advising you on things you can do to improve your prospects; and. Matt Reynolds is a Solicitor and Higher Court Advocate at Astraea Legal and a specialist in all aspects of motoring offences and road traffic law.

Contact him for a free telephone consultation and for advice on your options. If your case has no merit, he will tell you at the outset before you have incurred any legal costs. Could buying a category S or N write-off ever be a bargain? Home Car advice How to appeal a speeding fine. Can you appeal your speeding fine? We talk to solicitor Matt Reynolds Find out what to do if you want to appeal your fine.

Received a speeding notice from the police? Can you appeal it - and should you? How to defend an allegation of speeding Consider the following questions to help decide whether you can defend an allegation of speeding: Has the NIP been served in time?

Is the prosecution in time? Is there actually any evidence before the court that you were driving the vehicle? Is there evidence as to the proper speed limit at the time?

Is there sufficient evidence of excess speed? Is there a defence of necessity available for speeding? Should I accept a fixed penalty or speed awareness course? What to read next: Could buying a category S or N write-off ever be a bargain?

Been caught by a radar? It's not worth your while to put up a fight without proper preparation. Knowing which defences commonly work will greatly increase your chance of success. Procedures to appeal fines vary from state to state, but all require comprehensive documentation. The most common reasons for incurring a fine will come as no surprise. But the grounds for contesting parking tickets differ with the offence:.

One council told CHOICE the appeals that generally don't fly include: "I forgot to check the sign", "my appointment ran over time", "it was raining", "I was in a hurry", and "I do not live in the area". When CHOICE extended a call-out to members to tell us how they've successfully contested their parking fines, we received more than 60 responses.

Several told us of blatant mistakes made by parking wardens who issued notices when no offence was committed, or issued a ticket for the wrong offence. Building up evidence increases your chance of winning your appeal so you may not need to take your case to court. Most cases had one thing in common: those who thought they were unjustly fined made sure they gathered as much information as possible at the scene of the "crime".

You can still elect to have your case heard in court if your appeal is rejected by the council, so you'll need the evidence anyway. For example, taking a photo of your car, and capturing the immediate area around it, may help you dispute a ticket. If you were parked in a space that required a ticket and the ticket machine was faulty, take a photo of the faulty machine too. Many councils allow parking ticket appeals to be made online, so check your local council website for details.

An online penalty review form may save you from writing out and posting a long explanation. The timeline for appeals is limited in all states and territories, so you should act quickly, as the process can take months. When Brisbane CHOICE member Lorraine was told she had to pay a fine for not displaying a ticket — despite appealing to the council with photos showing there were no ticket machines in sight — she decided to go to court.

Whether you intend to appeal or go to court, be sure to act quickly before the payment due date, as every reminder sent to you typically costs you further penalty fees. If you're going to take your case to court, be sure to have lots of supporting evidence to hand. Going to court gives you the opportunity to defend your case in front of a magistrate, provided you're prepared to take a day off work to attend. The procedure generally starts with letting the relevant council know you intend to contest the case.