Ways of having a fine, review, contested or disposed in NSW.

[Kermit]

Providing a guide to having a fine reviewed, contested or disposed, if you happen to find yourself in legal turmoil.

In saying this you should always contact legal aid (free service) & obtain advice in regards to your fine, if you believe it should be challenged before pursuing it.

You can of course approach a solicitor in obtaining advice and or representing you, however remember that it is always in there interest to pursue a matter (regardless of principle) as there is dollars to be made on there behalf.

Also know if you do engage in the use of a solicitor & do happen to win; the court may not allocate costs (full) to you, if you do win.

Traffic solicitors do not work like compensation solicitors, therefore expect a fee regardless of whether you win or loose; should you engage in there services.

Method of review

1. SDRO application

If you have held a NSW drivers or riders license for 10 consecutive years without any infringments that invoke demerit points against your license, you may apply to the SDRO for leniency.

Leniency may be granted provided your offence does not fall within the SDRO exclusion critera and that the SDRO agree to your reasons as to why leniency should be granted.

Should the SDRO agree to your leniency application, then the infringement becomes a formal caution which is then applied to your driving/riding record. No demerits or payable fine longer apply.

Note. You cannot choose SDRO review & court election at the same time, its either one or the other method of appeal.

2. NSW police force review

You draw up a representation in writting outlining the events and facts of the alleged infringment to the nsw police force, in this representation you provide legal information as to why this penalty notice should be reviewed and relinquised.

The representation is addressed (suggest registered mail) to the commander of the local area of command and CC'd to the officer whom issued the fine.

You then follow up the letter of representation with the addressees. By law, the NSW police force have to provide an answer as to whether the infringement is relinquished or stands and thus proceeds to court.

The NSW police force do not have to provide you with a reason as to why the infringement does or no longer stands.

This method of review adopts the approach of court election, so it does not mean you do not have to action the penalty notice within the presribed time frame.

Should the fine be revoked by the NSW police force they will notify you and the court.

Obtain advice from legal aid if your unsure how to construct a letter or representation or need assistance when chasing a responce from the NSW police force.

Court Election.

If chosen, you will recieve a court date notice from a local area court which is closest to where the alleged offence took place and a notice of written plea.

If you do not fill in the notice of written plea, it assumed you're going to court and you will enter a plea in person.

The notice of plea.

1. Plea not guilty, the matter is heard on the date that has been elected by the court.

On the day of court election you or the prosecutor may ask for an adjournment, if you wish to prepare and introduce a witness.

You may also write or contact the court to have the matter adjourned to another day if you happen to be sick on that day or have an appropriate matter that stops you attending court on the elected day.

When the matter is heard the prosecutor (usually the person who issues the fine) must prove to the magistrate that beyond reasonable doubt you are guilty of the alleged offence.

2. Plea guilty, whether in writing (notice of plea) or in person.

You still need to provide a statement to the court as to facts & any circumstances on the date of the alleged event. Based on this the magistrate may exercise discretion when imposing the infringement and fine.

Under section 10 when pleading guilty, you may apply for leniency based on financial circumstances or existing illnesses or injuries or other surrounding circumstances you may have imposed on you. If section 10 is granted the magistrate may waive the fine or impose a lower cost fine to be paid by you.

[s man]

Wow what a lot to get through! I suppose its in the end "their word against your" & they being an officer of the law, he would not give you a fine "by mail or on the spot" unless he/she thinks they have a good case against you. Would that be correct?

It looks like its just easier to roll over & take your lumps, be it right or wrong. It cuts out the drama of a day off work, waiting around court all day. & in the most likely still getting a fine..
It looks to me like the law is leaning the police's way, knowing it just easier to pay the fine & forget it..

[King Nicholas]

At the end of the day cra up to the individual if they want to contest it or not.
Good/handy info.
No doubt I'll find it useful in the future!

[Kermit]

If it comes down to it then yes it is your word against there's.

They are considered an expert witness and regarded as a "justice of the peace" to the magistrate. You are not unless you are able to provide evidence to the contrary.

Cops issue infringements according to their guideliness in keeping with traffic law, they wont usually issue a infringement unless they believe they cannot defend it in court if required.

The onus is upon you using legal justification (eg duress or circumstance) within traffic law to create reasonable doubt infront of the magistrate.

[pittster]

Yeah good summary's here spot on. Out of all the fines I have incurred over the years you pretty much have to bend over and take it. Unless the cop has stuffed up or is clutching at straws in regards to the fine, which in my experience has happened once.

[Naked Twin]

Section 10 can be hard to come by, I got one 12 years ago but that was on the back of time served (3 months) and attending the Traffic Offenders Program.

I had to go to caught as the offence was an immediate court appearance, however if you do intend to fight do so for the following reasons -

1) you believe you were right and more importantly believe you can win or have a valid reason to for seeking a courts leniency, don't be arrogant
2) the fight is worth it, that is end result has to justify the means.

If you take legal aid, make sure you do some research on the legal aid. When I was waiting for my case there was a girl (young woman) who was a victim of domestic violence and was pursuing a violation of an avo. It was pretty disgraceful the legal representation she had, he was hopeless and it was only that judge was telling the legal representation what to ask for and what to say that this woman was getting any justice, however my solicitor said this ruling could be thrown out if contested as the judge was not impartial but being a local court none of the solicitors would raise it.

I was lucky as the solicitor who represented me knew the judge and took leniency on me, never want go there again.

[Wattie]

Jeez Blackster!

You've really done your homework!!

What made you go looking for all this?

[Kermit]

Jeez Blackster!

You've really done your homework!!

What made you go looking for all this?

Had my day in court and represented myself.