Can I Challenge a Speeding Ticket?

Receiving a speeding ticket does not necessarily mean you have to accept it. If you believe the infringement was issued incorrectly, or there is a legitimate dispute about the alleged offence, you have the right to challenge the speeding ticket. 

Whether you are likely to succeed will depend on the evidence, the circumstances of the offence and whether there is a valid legal basis for contesting the allegation.

Can I Challenge Any Speeding Ticket?

Yes.

Any speeding infringement or court charge can be challenged. However, successfully defending a speeding allegation requires more than simply believing you were not speeding or asking the court for leniency.

The prosecution must prove beyond reasonable doubt that you were driving the vehicle and that you exceeded the applicable speed limit. If they cannot prove the offence, you cannot be found guilty.

What Are Valid Reasons to Challenge a Speeding Ticket?

There are a number of circumstances where it may be appropriate to contest a speeding allegation.

For example, there may be a dispute about whether you were the driver, whether the police correctly identified your vehicle or whether the speed detection device was operating correctly.

In other cases, there may be issues with the way police conducted the speed check, whether the device was properly tested and calibrated, or whether the prosecution can establish that it was used in accordance with the manufacturer’s specifications and Victorian Police procedures.

Every case turns on its own facts, and the strength of any challenge depends on the available evidence.

Can I Challenge Radar or Laser Evidence?

Yes.

Victoria Police commonly use radar and laser devices to detect speeding offences. While these devices are generally regarded as reliable, they must still be operated correctly.

If a speeding matter proceeds to court, the prosecution may need to establish that the device was approved, properly maintained, tested and used in accordance with the relevant requirements.

Depending on the circumstances, your lawyer may seek disclosure of testing records, calibration certificates and other material relevant to the operation of the device.

Can I Challenge a Speed Camera?

Speed camera offences can also be challenged, although the grounds for doing so are often limited.

The prosecution may rely on camera images, certificates issued under the legislation and other evidence to establish the offence.

Whether a challenge is available will depend on the circumstances, including whether there are issues with the identity of the driver, the operation of the camera or another aspect of the prosecution case.

Can I Ask for an Internal Review?

If you receive an infringement notice, you may be entitled to apply for an internal review.

However, an internal review is not designed to determine whether the police have correctly operated a radar, laser or speed camera device. It will not generally involve a detailed examination of the evidence or require police to disclose testing records or technical material.

If your objective is to challenge the accuracy of the police evidence or avoid a mandatory licence suspension, the matter will usually need to be heard in court.

What Happens If I Take the Matter to Court?

If you elect to have the matter determined by a court, the prosecution must prove the speeding offence beyond reasonable doubt.

This gives you the opportunity to challenge the prosecution evidence, cross-examine witnesses and require police to prove the allegation.

However, contesting a speeding charge also carries risks. If you are found guilty, the court may impose the applicable penalty, including any mandatory licence suspension required by the Road Safety Act 1986 (Vic), together with a fine and court costs.

Before deciding to contest a speeding allegation, it is important to obtain legal advice about the strength of the prosecution case and the prospects of success.

Should I Just Pay the Fine?

Paying the infringement is treated as an admission of liability. Once paid, the matter is finalised, and any demerit points or licence consequences will follow.

Before paying a speeding ticket, particularly where your licence is at risk, it is worthwhile obtaining legal advice to determine whether there are any proper grounds to challenge the allegation.

Speak to Wilkinson Lawyers

If you have received a speeding ticket and are considering whether to challenge it, Wilkinson Lawyers can help. We regularly advise and represent clients charged with speeding offences throughout Victoria. We can assess the prosecution evidence, explain your options and advise whether there are proper grounds to contest the allegation or whether another course of action is likely to achieve the best outcome.

Contact Jess Wilkinson on 0468 364 121 or jess@wilkinsonlawyers.com.au to discuss your matter and obtain advice about the best way forward.