Faced with a speeding fine that doesn't sit right? Sure that you weren't travelling at the speed alleged? You're not alone. A number of traffic infringements remain under investigation, having been detected by potentially faulty cameras. Following revelations in May that twenty motorists had their speed incorrectly judged as over the limit, the WA Police recently switched a further nineteen cameras offline.
For those considering contesting a speeding fine, here are HHG Legal Group's top tips on how to proceed.
- Seek legal advice as soon as possible, well before the fine is due.
- If you decide you wish to contest the speeding fine, do not pay the modified penalty on the infringement notice.
- If you decide to contest the speeding fine, you can take the matter to a trial in court.
- To contest a speeding fine on the basis that you were not travelling at the speed alleged, you will need to call an expert to give evidence in court about why the speed recorded was incorrect. Siobhan Nims at HHG Legal Group can refer you to an experienced expert in the area.
- You can also ask a lawyer to negotiate the charge with police or the prosecution prior to trial. Where there is sufficient evidence, (for example, an expert report suggesting that there is a reasonable doubt that the speed camera equipment in your particular case was not working properly) the police may agree to withdraw the charge against you, or change the charge to something less serious.
HHG Legal Group's criminal law team can assist in this area. If you feel your infringement was unwarranted, contact us today for an appointment.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.