Receiving a traffic ticket can easily run your day, especially if you feel that it’s unjustified. But whether it’s a speeding ticket, a parking violation, or any other traffic offence, you can always contest it. Paying the fine and moving on can be the quicker option but this could mean a larger fine than you originally thought, demerit points, or even a suspension of your driving licence.
The good news is that Brisbane, as well as other parts of Queensland, has a relatively simple process where you can dispute your fine. Below are some guidelines if you are considering this option.
Seek Legal Assistance
It might seem like an unnecessary expense to seek legal advice. However, having experienced Brisbane traffic lawyers in your corner can make all the difference, especially if your case is a bit complex. These lawyers understand the city’s traffic laws and can help assess whether you have a strong case, help make your case more compelling, and come up with the best strategy to increase your chances of overturning the fine.
Besides that, Brisbane traffic lawyers can help you avoid making a costly mistake or submitting incomplete evidence. They’ve seen many similar cases, so they know exactly what you should and shouldn’t do.
If it’s a minor fine like a parking violation, you can pay it or appeal on your own using evidence such as a faulty parking metre. But if it’s a serious one that involves demerit points or suspends your licence, seek legal assistance to significantly improve your chances of winning.
Understand the Traffic Fine
Before you start contesting your traffic fine, it’s important to ensure you have all the details about the type of fine, not just your alleged offence. Different traffic violations typically have different consequences, and they also have different legal requirements.
Is it a speeding ticket, a parking violation, running a red light, or texting while stationary (not parked)? From there, carefully look at the infringement notice you received. This document will give all the information you need about what you are being charged with. Look at the details in case of discrepancies such as incorrect dates or locations, as this may work in your favour.
Apart from that, what penalty have you been given? Does it carry demerit points, or something that could endanger your licence? The severity should guide whether you need an appeal – on top of whether you are actually guilty or you have a reasonable explanation for the violation.
Gather All Relevant Evidence
You now need to build your case, and collecting evidence is the way to do that. This will be the backbone of your appeal, so you need to look for a strong point that can help nullify the fine by showing it as either unjustified or issued in error. Your offence may also be excusable – maybe you had a medical emergency for example.
Evidence that can help build your case includes:
- Photos of the way your car was parked
- Dashcam footage
- Photos of a faulty ticket machine
- A parking ticket you had purchased
For instance, if you believe the speed limit sign wasn’t clear enough, take photos of the area showing the limited signage.
You may also look for witnesses to write a statement for you. For example, if you had a medical emergency, you can have a statement from a family member, friend, or even medical personnel. You can then attach the medical records as part of your evidence.
Submit your Appeal
When everything is ready and you feel confident about your case, you can then submit an election for court. This can be done online, but be keen to avoid missing the dealing (28 days from the date of the infringement notice) or failing to follow the right procedure.
Brisbane traffic lawyers can help review your appeal for any errors or omissions. The process may take some time, so you’ll need a bit of patience. If your case is strong enough, you’ll successfully appeal your fine and avoid demerit points or losing your licence.