Traffic infringement notices or penalty notices are issued for various traffic violations such as parking offences, drink driving, and speeding. Penalties include fines and demerit points.
Challenging penalty notices can be dealt with in various ways, including:
- Where the offender is not the driver at the time of the offence, nominating the driver to Revenue NSW.
- Where the offender is the driver and time is needed to pay the fine, applying for a payment plan.
- Where there are mitigating circumstances in relation to the offence, making an application for internal review through Revenue NSW, explaining the mitigating circumstances surrounding the offence with supporting evidence.
- Where there is dissatisfaction with the outcome of the review, electing to go to court and having the Local Court deal with the matter.
Potential outcomes of a court challenge include entering a plea of guilty with mitigating circumstances, known as a plea of mitigation, and seeking leniency by way of dismissal or a reduced penalty. Where a plea of not guilty is entered, the matter will be set down for hearing at a later date. Careful consideration should be given to court challenges as the court can also impose a higher fine, court costs and a criminal conviction for some matters.
Entering pleas of mitigation in traffic matters is the most common form of court challenges. The court will be appraised of the circumstances of the offence and mitigating factors surrounding it. Evidence mitigating the offence, the offender’s personal circumstances, suitable character references referable to the offence, a letter of apology to the court, and genuine remorse by the offender are key elements to successful outcomes.
Legal advice and representation is strongly advised when considering court challenges.
