Traffic Offence Lawyers Adelaide | Infringements and Traffic Expiation Notices
If you wish to dispute a traffic infringement or speeding fine it is important to seek legal advice BEFORE the due date and BEFORE you pay it. Once you pay the fine it is considered an admission that you committed the offence, and you will automatically lose demerit points. Contact Scammell & Co. in the first instance. Our traffic offence lawyers can assess your circumstances and help you dispute your fine (expiation notice) by requesting a review. Scammell & Co. can assist with all general traffic offences including:
- Drink driving or drug driving (also known as DUI);
- Using your mobile phone whilst driving;
- Proceeding through a red traffic light;
- Failing to give way;
- Failing to obey a direction; and
- Careless driving
Grounds for challenging a traffic or speeding fine include circumstances where:
- You did not receive the expiation notice;
- You did not commit the traffic or speeding offence;
- You have an excuse (for example the offence was ‘trifling’); or
- You suffer from a cognitive impairment (for example dementia, a traumatic brain injury or a neurological disorder) that excuses the offending.
Losing demerit points can have devastating consequences on your employment situation and livelihood. If you accummulate 12 to 15 points you lose your right to drive for three months. Accumulate 16 to 20 points and you lose your right to drive for four months. More than 20 points and you lose your right to drive for five months. If you are at risk of losing your driver’s licence you may have appeal options available to you such as a Safer Driver Agreement; Good Behaviour Option; or on the grounds of severe or unusual hardship.
An experienced Scammell & Co. Traffic Lawyer will give you the best possible chance of having your expiation notice withdrawn or negotiate an alternative penalty. Contact us to discuss your individual circumstances and options:
For all urgent enquiries please contact Senior Solicitor Ursula Matson: 0422 055 968
FAQs Click on the questions below to reveal the answer.
Can I avoid Speed Cameras / Traffic Light fines?
If you want to defend or appeal against a fine for a traffic offence or to avoid loss of demerit points you MUST NOT PAY THE FINE and you should seek urgent legal advice. Defending a speed camera or traffic light camera fine generally requires you to show that the Police equipment may be inaccurate.
We may still be able to help you avoid demerit points even if you cannot dispute the fine.
Can I reduce Demerit Points?
If you accumulate 12 or more demerit points in any three year period, you will be disqualified from driving (based on the offence date).
If you were not the driver of the vehicle when the offence occurred you should complete the Statutory Declaration provided with the fine notice. The fine and demerit points will then generally be transferred to the actual driver.
Demerit points are allocated to a range of traffic offences against the Road Traffic Act S.A. and the Australian Road Rules.
A ‘good behaviour’ bond option is first available when 12 demerit points are reached, but if you breach this bond your licence will be disqualified for twice the original disqualification period.
In some cases you can apply to have the number of demerit points reduced.
What happens if I am caught Driving whilst Disqualified or Suspended?
In some circumstances it is possible to submit to a Court that a person should not be imprisoned and that there are good reasons to suspend any term of imprisonment.
What if I am charged with Drink Driving?
If you are found to be driving a motor vehicle with an excessive amount of alcohol in your blood (over .05) you will be charged with an offence.
The law now allows the Police to immediately disqualify you from driving where you are suspected of committing a drink driving offence. (This can also occur if you are charged with a Refuse to Submit to an Alcohol or Breath Test).
In some circumstances it is possible to make an application to the Court to revoke any immediate disqualification imposed by the Police, pending the resolution of the matter.
If sentenced for these offences, you are likely to incur a fine and licence disqualification. In some circumstances you can also be imprisoned. We can help you to explain to the Court why you were driving in this manner and why you should receive a minimal fine and the shortest possible licence disqualification period.
What will Scammell & Co. achieve for me?
I have just lost my licence for drink driving. Can I get permission to drive for work purposes only?
I have received an expiation notice and want to challenge it. What should I do? If I pay the fine, will I lose my licence?
I have just had my first court appearance and the matter has been adjourned (put off to another date). Am I still on Bail?
If you are on bail, it is very important that you follow all of your bail conditions including attending every court hearing in your matter. Breaching your bail conditions is a criminal offence punishable by imprisonment. If you wish to have anything altered on the bail agreement – for example, you want to move house and change your bail address – you will need a solicitor to make a formal application to the court to vary your bail. We can explain your bail conditions to you.
Mouth swab / DNA tests – should I agree?
I have been charged and asked if I would like to provide a statement. Should I do this?
We are able to obtain statements, notes, CCTV footage, forensic test results and other evidence from prosecution in relation to your matter. It is important we review that material prior to obtaining your final instructions.
I have a trial at the Magistrates Court, will there be a jury?
My son is 16 years old and has been charged. What are the penalties available for youth offenders?
The final decision on penalty is up to the Magistrate. However, if your solicitor has negotiated with Prosecution regarding the desired outcome, any agreement can be helpful in persuading the Magistrate as to what should be imposed as a penalty. Therefore, we suggest that you obtain advice from one of our solicitors at the earliest possible opportunity.
Other Offences where Scammell & Co. can assist with your defence:
- Drug Offences.
- Sexual Assault.
- Social Security / Taxation matters.
- Property Damage.