Fighting the Ticket

A speeding ticket is one of the most commonly issued traffic infringements. Depending on your circumstances, a ticket could mean some trouble at home and an annoying fine, or losing your licence and potentially losing your job.

Speeding is a ticketable offence. Essentially this means that a person can be charged but simply issuing an on the spot ticket, the fine and any demerit point deduction is standardised and determined by the nature of the ticket.

This doesn’t mean that it can’t be fought. But if it is going to be fought, it must be fought on certain grounds. Common excuses, which many would sympathise with, simply don’t cut it in front of a magistrate.

These excuses include

  • Being late for work;
  • Not realising your speed;
  • Going downhill;
  • Not noticing the camera.

There are, however, specific defences that are acceptable. Possible defences arise when the accused was:

  • Not in fact speeding;
  • Not the driver of the vehicle;
  • Under duress;
  • Driving due to necessity; or
  • Subject to a mistake of fact.

Whilst on face value these defences may seem straightforward and simple, it can be difficult to prove them without the requisite knowledge and expertise.

For example, proving that you weren’t speeding can involve technical experts, multiple statements from various parties, reports and complex legal technicalities.

Another example is where terms have a specific legal meaning, a meaning that has been developed over many years of case law. A mistake of fact may arise where a road is incorrectly signed, and the accused has a bona fide belief on reasonable grounds that the speed limit for the road was different to what it actually was. A mistake of fact would not arise if the person was simply mistaken as to the law in question, for example where a road is unsigned and a person mistakenly believed that the speed limit was therefore 60km/h in a build-up area.

Duress is another term that has a specific legal meaning. It does not simply mean that a person was stressed or under a lot of pressure, because for example, they were running late. The test for the defence of duress involves many factors, including that an actual threat was made, of death or serious injury, of sufficient gravity, and the acts undertaken subsequent must be as a result of the continuing threat acting on their mind.

Bosscher Lawyers has the knowledge and experience to tackle any criminal law case, big or small. Call Bosscher Lawyers on 1300 729 316 and put our 100 years of collective experience in the field of criminal law to use.

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