This article outlines the steps involved in requesting a review, the grounds on which a review can be requested, and what to expect once a request has been made

Receiving a traffic fine can be frustrating, especially if you believe the fine was issued unfairly or there are special circumstances that contributed to the offence. Fortunately, in Victoria, there is a process for requesting a review of a traffic fine.

Grounds for Traffic Fine Review

There are several grounds on which you can request a review of a traffic fine in Victoria:

Incorrectly Issued Fine

If you believe the fine was issued in error, for example, if you were not the driver of the vehicle at the time of the offence or the details on the infringement notice are incorrect.

Special Circumstances Contributed to the Offence

If there were special circumstances that contributed to the offence, such as a medical emergency or a mechanical breakdown.

Exceptional Circumstances that warrant the fine being withdrawn

If there were exceptional circumstances that warrant the fine being withdrawn, such as a clear driving record or significant financial hardship.

Requesting a Review

1. Check Eligibility: Before requesting a review, ensure that you are eligible. You cannot request a review if you have already paid the fine, elected to go to court, or nominated another driver. Also, you can only request one review for an infringement notice.

2. Submit a Request: To request a review, you will need to submit a written request to the agency that issued the fine. Your request should include your details, the details of the infringement notice, the grounds for your review, and any supporting evidence. Supporting evidence may include medical records, witness statements, or photographs.

3. Wait for a Decision: Once your request has been submitted, the agency will review your case and make a decision. This can take several weeks, and you may be asked to provide additional information during this time. While your request is being processed, the due date for the fine will be put on hold.

Possible Outcomes of a Review

Fine Withdrawn

The agency may decide to withdraw the fine. If this happens, you will not need to pay the fine or incur any demerit points.

Fine Upheld

The agency may decide to uphold the fine. If this happens, you will need to pay the fine and incur any demerit points.

Fine Reduced

In some cases, the agency may decide to reduce the fine or the demerit points incurred.

Warning Issued

Instead of a fine, the agency may decide to issue a warning.

Nomination of Another Driver

If you were not the driver of the vehicle at the time of the offence, you may be able to nominate the responsible driver. If this happens, a new infringement notice will be issued to the nominated driver.

If you are not satisfied with the outcome of the review, you may have the option to elect to have the matter heard in court. However, this carries the risk of incurring additional costs and a higher penalty if you are found guilty.

Conclusion

Requesting a review of a traffic fine in Victoria is a relatively straightforward process, but it is important to have a clear and well-supported case. Make sure to check your eligibility, submit a detailed request with supporting evidence, and be prepared for the possible outcomes. If you are unsure about any aspect of the process or need help preparing your request, consider seeking legal advice.