Infringement Notices

An infringement notice is an on the spot fine, issued by police. There are various kinds of infringement notices, including traffic offences, offensive and disorderly behaviour, stealing and trespass offences.  

If you have received an infringement notice, often the best advice is to just pay the fine and move on. The time and effort you spend in challenging a fine may not be worth it – as there is no guarantee of a good outcome. You need to assess whether or not the penalty outweighs the cost of going to court.

You should only challenge an infringement notice if:-

• The infringement notice was incorrect.
• The specific circumstances surrounding the incident require some personal attention (i.e. your speedometer was faulty).
• The consequences of the infringement notices are severe and will impact on your life (for example, loss of licence which would result in the loss of a job).

If you do not want to attend court, you can also request a review in writing. The procedure you need to follow to request a review is usually provided on your infringement notice.

Benefits of challenging an infringement notice in court

There are benefits to going to court. Your matter will be heard before a judge, and the police must prove their case in order for you to be found guilty of an offence.

Further, you will be able to detail your personal situation and the consequences of being found guilty before a judge, who may impose a more lenient penalty, or even award a Section 10.

Disadvantages of going to court

In addition to the time, effort and stress – court can be expensive. Unless you decide to run the matter yourself, you will need to pay legal fees and court fees.

Further, there are no guarantees! If you are found guilty it is possible that you will receive an even harsher penalty than if you accepted the penalty listed in the infringement notice. You can view a full list of demerit penalties on the Service NSW Website here.

If you would like more information on your particular situation, or are just unsure of what to do, contact our criminal and traffic lawyer for a free initial 15 minute telephone conversation.