How to write a letter to get out of a speeding fine NSW

The idea of appealing an infringement notice is not technically correct, when you are seeking a review of a penalty notice to that the authority will withdraw and/or caution the offence in questions.

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You can request a review of an infringement notice if:
Things to include to increase your chances of a successful review
What happens after I submit my review?
Can any infringement notice be reviewed?
Likely factors for a successful review
Unlikely factors for a successful appeal
Things not considered
What should I do if my appeal or review is unsuccessful?
Appealing to the Court
Faulty speed camera
How to apply for a review

When reviewing your fine, Revenue NSW will take into account your personal circumstances. This means that you should tell us if there were extenuating circumstances that resulted in you receiving the fine and a clean driving record of 10 years.

You can request a review of an infringement notice if:

– You believe there has been a mistake in issuing the penalty notice

– you have extenuating circumstances, or

– you are requesting leniency based on your driving history

If you’ve not paid the fine, you should try to make the request by the due date on the penalty reminder notice.

If you’ve already paid the fine you must Revenue NSW within 60 days from the date the penalty notice was issued.

The agency can withdraw the penalty notice, issue a caution, or confirm the infringement notice. If the penalty is to stand you can still elect to have the matter heard at court. You should talk to a traffic lawyer to discuss your options as each case is different.

A penalty notice can be appealed online.

Things to include to increase your chances of a successful review

Documentation supporting your case i.e. valid ticket
10 year clear record
Directed to travel through by an authorised vehicle

What happens after I submit my review?

Once your request for review is received, a hold will be placed on the fine while we conduct a review. The review process can take some time if we require additional information from the issuing authority. You should include your email address and phone number in case Revenue NSW need to contact you. If Revenue NSW cannot contact you, they will review the fine based on the information we have. When the review is completed you will receive written advice of the outcome.

Can any infringement notice be reviewed?

You can make an application for any penalty notice, however there are a number of offences where your application to review will be rejected and the offence upheld due to the type of offence.

For offences that attract demerit points, your driving history may be considered, however offences that pose serious safety risks are unlikely to be cautioned. You can refer to Review Assist for more guidance about possible outcomes.

Likely factors for a successful review

The offence did not take place, the fine has been issued in error
I was not responsible for the vehicle at the time of offence
For demerit offences, I have a good driving history and would like to ask for a caution
I had a medical emergency or crisis which explains why the offence took place
I have an intellectual disability, mental illness or cognitive impairment, or am homeless, and as such did not understand that I was committing an offence or was unable to control my conduct. You may be required to provide documents to support your claim.

Unlikely factors for a successful appeal

When the offence is a serious offence that posed a risk to public and/or road safety
Claim where you are unable to provide supporting documentation when requested
You were unaware of or misunderstood a particular rule, offence or restriction (such as sign posted parking restrictions)
An oversight that resulted in you committing an offence If you wish to dispute a fine on these grounds, you can elect to have your circumstances heard at court.

Things not considered

Did not see signs or the lights
Misreading speed
Lose my licence otherwise

What should I do if my appeal or review is unsuccessful?

If your review is unsuccessful there in nothing to prevent you from making application to have the matter heard at court. This option is not without risk and you should speak to a qualified traffic lawyer first.

Speeding fines are expensive and sometimes can be unfair, but there are some ways you may be able to get out of paying them. Section 24A of the Fines Act 1996 states that you can request a review of your penalty notice up until the due date on your penalty reminder notice.

In NSW, if you have had a clean driving record for 10 years or more, you may be able to get away with not paying the fine if you provide evidence to prove such. This applies to offences that give you demerit points. It also applies to parking, traffic light, seat belt, T-way, bus lane and negligent driving offences. However, international licenses are not considered.

There are some offences that are considered too serious where this provision does not apply, these offences also are not usually handled with leniency. They include:

School zone offences
Pedestrian crossing parking offences
Offences involving use of mobile phone while driving
Doing ‘burnouts’
Speeding more than 30 km/hr over the speed limit

Speeding fines can also be dealt with leniency or cancelled if you had a medical emergency. You will need to provide evidence from a medical authority supporting the circumstances as proof.

Appealing to the Court

P1 drivers caught speeding will have their license suspended for 3 months minimum. You can, however, appeal in the Local Court against the suspension of your license.

Examples of relevant information to provide the court, as per the SDR review guidelines, are:

Your driving record
Why you would need your driver’s licence
You should give in a letter from your employer if you drive to work, or
A medical certificate from a doctor if you need your driver’s licence as someone’s carer
The hardship you will suffer without your licence
The hardship someone else will suffer if you don’t have your licence
Whether you have access to public transport
Why you believe you are of good character

However, it not advisable that you approach the court unprepared. If your matter is going to court, then it is a good idea to seek legal advice.

Faulty speed camera

Even though it is rare, you may be the lucky one to have encountered a faulty speed camera. In this case, you should apply to the SDRO to review the penalty. Make sure you do this before the due date of your fine.

You could apply to the court if your application is unsuccessful with the SDRO. However, matters of the court are not to be taken lightly and seeking legal advice is a recommended option.

How to apply for a review

According to SDR’s NSW guide, you can request a review through:

www.sdro.nsw.gov.au/review
writing to SDR, PO Box 786, Strawberry Hills. NSW 2012
over the phone for claims of wrong vehicle reported or clear NSW driving record of at least 10 years on 1300 138 118.

The most common traffic infringement received by drivers is by far for exceeding the speed limit. With the heavy penalties that NSW speeding fines carry, along with the accumulation of demerit points (especially during double demerit point periods) and immediate and “automatic” suspension periods for certain offences, what used to be viewed as a minor indiscretion, can now so easily result in loss of licence, loss of employment and financial hardship.

Some speeding offences, such as exceeding the speed limit by more than 30km per hour attract licence suspension (by the RMS or police) or disqualification (by a court). For drivers who hold a P1 licence, any speeding offence results in a licence suspension, as it means exceeding the allowable demerit point limit. (Read more on how to appeal a licence suspension.)

Many feel that once a speeding fine has been received, it is impossible to challenge, and simply pay the fine and accept the consequences, even if they feel that they were not speeding or not travelling at the speed alleged at the time. They accept what they feel to be an injustice yet believe that nothing can be done.

This is not always the case. In fact, where a person is adamant that they were not travelling at a speed alleged (usually by a police officer), it is often the case that they are right.

All speeding fines can be challenged in a Local Court. Sometimes, for some major speeding offences, an infringement notice is not issued and instead a Court Attendance Notice is issued. This means that the speeding offence is automatically to be dealt with by a court and you have to decide whether you will plead guilty or not guilty to the offence.

Just because you have received a speeding fine or have been charged with a major speeding offence it does not automatically mean that you are guilty of the offence. There are defences available and it is possible to successfully defend a speeding allegation. Of course, this can be an expensive exercise so it is important to obtain competent legal advice on prospects of success, before embarking on defending an allegation.

The two most common ways of defending a speeding ticket are as follows:

1. Honest and reasonable mistake

2. Challenging the speed alleged

Honest and reasonable mistake

It is a defence to speeding if you honestly and reasonably believed that you were not exceeding the legal speed limit. One thing needs to be made clear. It is not a defence to a speeding ticket if you thought that the speed limit on the stretch of road that you were driving on was higher than it actually was.

However, if you honestly and reasonably believed that you were travelling at a speed lower than what is alleged, then you may have available to you a defence. An example would be where the speed limit is 110km/h and as far as you believe, you are travelling at 110km/h (for instance, you have the speed locked in on cruise control), yet you receive a ticket for travelling at 120km/h. You then have your speedometer tested by a mechanic and find that it is not properly calibrated and does not show the right speed. This could be enough to raise the defence.

Once the defence is raised, it is for the prosecution to prove that the mistake was either not honest or not reasonable. Although in theory this can seem like a simple exercise, in practice, depending on the circumstances surrounding the case, it can sometimes prove a little more difficult for a Court to accept that the mistake was reasonable.

It is, however, an available and legitimate defence and our experienced traffic lawyers can advise whether you have a case.

Challenging the speed alleged – police estimate

Although many speeding infringements are the result of police using speed measuring devices, often speeding tickets are issued based on a police officer’s estimate of the speed you were travelling.

As it is for the police to prove that you were travelling at the speed alleged beyond reasonable doubt in court, it can often leave room for the estimated speed to be successfully challenged.

Challenging the speed alleged – radar/lidar detected

Speed radar/lidars do not always give an accurate reading. Like most scientific instruments, radars and lidars are not infallible. In other words, although they are generally reliable, they are not perfect and can give inaccurate measurements.

If a radar/lidar has for instance not been properly maintained or calibrated, it can give an inaccurate reading. Further, if the speed measuring device is not used correctly by the police officer or the conditions are not ideal for the use of the device at the time of the alleged offence, again, it can give an inaccurate reading.

To be able to properly challenge the reading on a radar/lidar device, it is almost always necessary to obtain a report from an expert in the field. This can be a costly exercise.

Successfully lowering the category of offence

Where it might be a little difficult for a Magistrate to accept that you were not travelling in excess of the speed limit, often, a Magistrate will be able to accept that although speeding, you were at least travelling at a speed lower than has been alleged.

This is important when challenging an offence of travelling in excess of 30km/h or 45km/h over the limit.

If a Magistrate is not satisfied on the evidence that you were travelling at the speed alleged but still finds that you were speeding, they can find you guilty of a lesser offence. For instance, they can find you not guilty of exceeding the speed limit by more than 30km/h but instead guilty of travelling in excess of 15km/h. This would mean that the mandatory 3 month disqualification period would be avoided.

If you have received a speeding fine or a court attendance notice for a speeding offence and require legal assistance, our experts at Prime Lawyers – Traffic Law Division can help. Contact us to make an appointment with one of our traffic offence lawyers at your nearest Prime Lawyers office.

Call today to speak to one of our Traffic Lawyers Sydney, Parramatta, Chatswood, Sutherland and Wollongong.