Defences

	So you want to take it further!
	Accept the fine on the condition that proof of claim can be provided
	Object to the fine
	Legislative Framework for the Alleged Offence
	Does the National Measurement Act 1960 apply?
	Is the speedometer accuracy legislated?
	Defence of Honest & Reasonable Mistake
	Challenge to the accuracy of a speed detection device
	Need some help?

So you have a fine for 10% or less over the speed limit, you want to take it further and want to know what your options are.

Accept the fine on the condition that proof of claim can be provided

This approach is provided by the Community Law Resource Group. The basis of this approach is that you are willing to pay the fine, however you require proof of claim before doing so. more...

Write & Object

Alternatively you may choose to write to Civic Compliance and object to the the notice. There are some sample letters in the Library section of this web site.

There is no financial penalty for objecting, so you may was well have your say and voice your protest. more...

Take it to Court

Chances are that they will turn down your objections, in which case your next option is to take the matter to court. You have two options, either engage someone to represent you, or represent yourself.

If you are going to represent yourself, then you should become familiar with the issues and arguments put forward on this web site, as you are going to have to address them yourself. That said, if you don't feel comfortable presenting the arguments verbally, you can always prepare it in writing and submit your arguments to the magistrate in written form.

In essence there are two grounds on which you are challenging the fine:

• Whether the speed measuring device is a legal device, as defined by the National Measurement Act.

• That a tolerance equivalent to the legislated speedometer error should be allowed.

In summary your submission is:

• The court cannot rely on the reading of the speed measurement device as evidence of speed in this case as it probably does not satisfy the requirements of the National Measurement Act. Consequently the accuracy of the instrument is challenged in regard to its capacity to measure in accordance with the Australian legal units of measurement, in this case velocity and speed. more...

• It is not reasonable to issue an infringement notice for an alleged speed within 10% of the speed limit, as this does not take into account error tolerances in the vehicle speedometers, which are fitted in accordance with law. more...

• If you have been fined for a speed within 10% of the speed limit, then the defence of honest and reasonable belief as to a mistake of fact should be available to you, as it has been provided to the prosecution. more...

You will need to obtain more information about the speed measuring device. more ...

1. ask for a review of the fine (an Application for Internal Review more...)

2. if the review is rejected and you wish to go to court, write a Notice of Objection. (Refer to Having the Matter Referred to the Court)

3. you will get a brief of evidence and a notice to attend court.

4. the first court date is a Mention, this is to set a date for the hearing.

5. at the Mention make a request to issue Witness Summons. more... There are some sample documents in the Library section of this web site.

6. obtain the information returned from your witness summons.

7. at the Court date, attend and put your case forward.

• You will still loose the same demit points.

• You may be fined the same amount or more.

• You may be charged court costs.

• You win.

• The court finds you guilty, but accepts your arguments have merit and waives fines, costs or both. (this has occurred on at least one occasion in the Melbourne Magistrates Court when all costs and fines were waived)