How to Appeal or Dispute Victorian Speeding Fines

man getting a fine

If you have received a speeding fine, find out your options for appealing, disputing or paying your fine. There are certain circumstances when a fine can be reviewed and dismissed so that you will not have to pay it. You have the option of requesting a review or taking your matter to court.

What Happens when you get a Speeding Fine?

Speeding fines are designed to keep our roads safe. Speed limits exist for a reason, and part of being a responsible driver is sticking to the limit. However, it is not uncommon for drivers to receive at least one speeding fine in their lifetime, usually for being a few kilometres over the limit.

You can receive a speeding fine in different ways. If you are intercepted or stopped by a police officer at the time of the offence, you may receive a fine on the spot. If you are caught speeding by a road safety camera, your fine will be sent to you in the mail. This will normally occur within two weeks of the offence.

You can also receive a fine for excessive speed. This is more serious than a regular speeding fine and can result in the cancellation of your license or a criminal conviction.

You will be issued with an excessive speeding fine if you are caught driving 25km or more above the speed limit, or driving at more than 130km if the speed limit is 110km.

How to Request a Review of a Speeding Fine

You can choose to appeal a speeding fine if you think there is a reason why you should not have to pay it or you think there has been an error in fining you. It is important that you begin the process of appealing your fine as soon as possible.

You can request an Internal Review with the agency you issued your fine – normally Victoria Police or VicRoads. You can only request one internal review per infringement notice.

There are several grounds under which you can request an Internal Review.

You did not know about the fine

Claiming to be unaware of the fine will only work if you can prove that you didn’t know you had been given the fine. This could be because you were overseas, the fine was sent to the wrong address, or your mail was stolen.

To prove you were overseas at the time the fine was issued, for example, you would provide a copy of your passport showing your travel.

If you moved house but you did not change your authorised address with VicRoads within 14 days of moving, your application will not be successful.

You must submit your application within 14 days of the date you became aware of the fine. If your application is successful, you will be granted a further 21 days to deal with your fine. The fine will not be waived just because you can prove that you didn’t know about the fine, but you won’t have to pay any additional fees for a late payment.

The fine is invalid

You can apply for an Internal Review if you believe that the officer who issued the fine acted unlawfully, unfairly, or improperly, or that the fine was issued without legal grounds. For example, the fine does not comply with the formal legal requirements of an infringement notice.

The fine was issued to the wrong person

If fine was issued to you by mistake, you can apply for a review on these grounds. This could be that someone has impersonated you, used your driver’s licence, or you share the same name as someone else.

Exceptional circumstances

Sometimes, a fine will be reviewed if you can prove unavoidable circumstances, such as a medical emergency. You will need to be able to provide evidence to support this claim, such as a statement from a hospital or a witness.

Special circumstances

Special circumstances will only be accepted in rare instances. Some examples of special circumstances that may cause you to be unable to control your speed include a mental illness, intellectual disability, family violence, or addiction.

Internal reviews are not available for excessive speeding offences.

How to Dispute a Speeding Fine in Court

If you don’t want your offence to be dealt with as an infringement, you can choose to have the matter heard in court. You need to apply to go to court with Fines Victoria.

If you do want to go to court to dispute your speeding fine, you will need to act quickly. If your fine has reached Notice of Final Demand stage, you can only request a review.

If your application to go to court is accepted, you will need to appear before the Magistrates’ Court for a hearing. The Magistrate will hear your case and decide on a penalty.

If the Magistrate decides there is no case for you to be issued the fine, they will dismiss or discharge your case. However, if they decide your fine is valid, they may issue you with a new fine (this could be more or less than the amount on your Infringement Notice), order you to do unpaid community work, or record a conviction.

For a confidential discussion, contact us today: