Defending Against Driving Charges in NSW

Yes, you have the right to contest a penalty notice under section 24A of the Fines Act 1996 (NSW). This provision enables drivers to formally request a review of their penalty notice. To initiate this process, you can submit a review request through the myPenalty platform on the Revenue NSW website. It’s essential to make this request before the due date indicated on the penalty notice. To be eligible for a review, there must either be an error in the fine or exceptional circumstances that contributed to the offence.

If Revenue NSW denies your request for a review or if you disagree with the outcome of the review, you have the option to defend your case in the Local Court. This legal recourse allows you to present your arguments and evidence before a Magistrate to contest the speeding ticket.

Yes, if you’re convicted of a traffic offence in court, you will accumulate the demerit points specific to that offence. The number of demerit points varies depending on the offence’s seriousness and nature, and may result in a licence suspension if you exceed the demerit point limit. It is crucial to seek advice from a lawyer for guidance on how to potentially avoid a conviction and its consequences.

For driving-related offences, a court can impose a period of driving disqualification, prohibiting the individual from operating a vehicle for a specific duration. This penalty aims to deter unsafe driving behavior and protect road safety.