Receiving a traffic citation in Brisbane can be a concerning matter, potentially leading to legal and personal consequences.
Whether the offence involves speeding, drink driving, or other driving infractions, understanding the appropriate actions is essential for effective management.
This article outlines the steps to consider, from disputing fines to preparing for court, and emphasises the value of legal counsel.
Disputing a Fine in Court
If you believe you were incorrectly issued a fine, you have the right to dispute it in court. Whether the fine was issued by a police officer, transport inspector, or traffic camera, you must act promptly—within 28 days of the infringement notice.
Here’s how to proceed:
- Don’t pay the fine if you intend to dispute it.
- You can either submit an “Election for Court” form online at www.qld.gov.au/contestfine or mail a printed form to the Queensland Revenue Office.
- Keep a copy of the fine and any correspondence for your records.
Once you’ve submitted the form, you will receive a complaint summons to attend court. It’s essential to understand the charges and prepare for your case, either by representing yourself or engaging legal representation.
Keep in mind that if you don’t dispute the fine within 28 days, demerit points will be added to your record, and you may face additional penalties.
Dealing with Serious Traffic Offences in Queensland
If you’ve been charged with a serious traffic offence like dangerous driving, drink driving, or driving without a licence, the consequences can be severe. In such cases, it’s crucial to understand the legal process and what steps to take.
- Dangerous Operation of a Motor Vehicle: This charge involves reckless driving that endangers others. If charged, it’s essential to gather any evidence that may prove your actions were not dangerous or that circumstances justified your driving. Seeking legal counsel early can help develop a strong defence.
- Drink Driving: With a BAC over 0.05%, you could face immediate licence suspension and harsher penalties for repeat offences. After being charged, ensure you understand the specifics of the charge, request your QP9 document, and prepare for your court appearance. You may also need to consider enrolling in a rehabilitation program or traffic offender program, which could reflect positively in court.
- Driving Without a Licence: Whether your licence was suspended or you were driving unlicensed, this charge is treated seriously in Queensland. You’ll need to address why you were driving without a licence and explore any available defences, such as driving in an emergency. Preparing for court with legal representation is recommended to mitigate penalties.
What Happens After Being Charged?
Once charged, you will receive a notice to appear in court. This document provides details about the charges, the location, and the date of your court appearance.
If you’ve been charged with a low-range drink driving offence, you may face a temporary suspension of 24 hours. For more serious offences, like middle or high-range drink driving, your licence will be suspended until the court resolves your case.
Police will also produce a QP9—a document outlining the facts of your case and your traffic history.
It’s essential to obtain this document before your court date, as it forms the foundation of the prosecution’s case against you. You can request the QP9 from the police prosecutor or have a duty lawyer assist you with it on the first court date.
Disputing a Speeding Infringement
To dispute a speeding fine, you must complete the “Election for Court” section on the back of the infringement notice within 28 days. You may also write to the Queensland Police Service Traffic Camera Office to provide further context, but this must be done in conjunction with the formal dispute process.
Once your request to dispute the fine is received, you will be mailed a court summons. At your first court appearance, the Magistrate will ask if you intend to plead guilty or not guilty. If you plead not guilty, a hearing will be set, and you may request a brief of evidence from the prosecution, including the statements and exhibits they intend to use.
Preparing for Court
When preparing for your court date, whether disputing a fine or responding to a more serious charge, consider the following steps:
- Contact a Lawyer: Engaging a lawyer is crucial, especially for serious traffic offences. They can advise you on legal defences, potential penalties, and court procedures.
- Document Everything: Record all relevant details, including the time, location, and circumstances of the incident.
- Understand the Charges: Ensure you know what you are being charged with and what the penalties might be.
- Gather Evidence: Prepare any evidence or witnesses you may want to present to support your case.
- Dress Appropriately: Court is a formal setting, so your attire should reflect respect for the proceedings.
- Plan Logistics: Make sure you arrive at court early and know the date, time, and location of your appearance.
Legal Defences and Special Hardship Orders
When facing a traffic offence, several legal defences may be available. You might challenge the accuracy of a traffic camera, argue that your actions were necessary, or claim duress. These defences can be technical, and having professional help can significantly improve your chances of success.
If your licence is suspended, applying for a special hardship order might be an option. This order allows you to drive under specific conditions, even after losing your licence, provided you can show that losing your ability to drive would cause extreme hardship for you or your family.
Eligibility for a special hardship order requires meeting several criteria, such as holding a valid Queensland licence, having no dangerous driving convictions in the past five years and not having lost your licence at all in the past 5 years. The application process is complex, so it’s important to be prepared.
Conclusion
If you want to know what to do after being charged with a traffic offence in Brisbane, this article offers a solid starting point. Traffic offences can seriously impact your driving privileges, finances, and even your freedom. Whether you’re disputing a fine or facing a more serious charge, understanding your rights and the legal process is crucial for minimising the impact on your life.