It’s no secret that travelling in a vehicle above the designated speed is illegal. However, not all people know that contesting a speeding fine in Queensland is possible if you don’t agree with the fine for a number of other reasons.
A fine where the offence was detected by a traffic camera, police officer or transport inspector can only be disputed in court. Challenging a speeding fine can be long-winded, as well as expensive, so it’s important to seek legal advice first to understand what you can contest the fine for, and what the process involves and potential costs might be before you do.
Here’s what you need to know about contesting speeding fines in Qld.
How Do I Contest a Speeding Ticket in Qld?
All fines, by law, must contain information on how the fine can be contested if you wish to do so. Do not pay the ticket and instead fill out the Election for Court hearing option on the ticket, then post it to the listed address. You will have 28 days from the date of the ticket to do this. You can also head to the Department of Transport and Main Roads website and fill out the dispute a fine in court for an individual, or a dispute a fine in court for a company.
Once your request has been received, you will be contacted by the police or summoned by the courts with a date to attend court.
What Will Happen in Court?
On your first appearance, you will be asked whether you will be pleading guilty or not guilty.
If you plead guilty, the matter can be heard and closed in this initial appearance. If you choose to plead not guilty, a hearing will be set for a later date.
When you attend this hearing, you will be asked to provide evidence as to why you are challenging the infringement. The courts will consider your evidence, as well as that provided by the prosecution in determining whether your fine should be upheld. We recommend you speak to a lawyer who can review your evidence, outline the relevant law, and advise you on the options available to you to give you the best chance of contesting your speeding fines in Qld.
What Are The Potential Costs Involved?
It is important to weigh up the costs involved before contesting any and all speeding fines in Qld. In many instances, the costs of challenging the ticket will far outweigh the fine itself.
If your attempt at contesting your speeding fine in Qld is unsuccessful, you will incur some additional costs you will be required to pay on top of the amount you have been fined.
You may also have to take some time off to attend court – which in some instances can be days at a time for a period of months – resulting in loss of income.
These costs may include:
• The lawyer’s costs;
• Court fees (which will include the costs of issuing the summons, approx. $90);
• Any costs incurred by the prosecutor to call on witnesses and compile reports (these can amount to several thousand dollars)
• The offender levy ($110 in the magistrates court);
Want To Find Out More about Contesting Speeding Fines in Qld?
If you are still considering contesting your speeding fine in Qld, we suggest you reach out to lawyers as soon as you can. At Guest Lawyers, we specialise in helping you to achieve the best possible outcome in regards to all traffic matters. We can also assist with a range of other legal issues, including personal injury and criminal offences.
In addition to representing people all over Queensland, we often travel to other states and territories. Our criminal lawyers are admitted to practice all over Australia. For a free consultation (including in prisons), please get in touch either via email or by calling (07) 3211 3007.