Question: Under what circumstances can a traffic infringement notice be challenged?
In order to be guilty of a criminal offence it is generally necessary for the person to have acted with the requisite intent to commit the crime. This however does not apply to traffic offences which are commonly referred to as strict liability offences. That means that a traffic offence is committed when the driver contravenes a traffic law despite not having any intention to do so.
Following commission of a traffic offence the driver will be issued with a Traffic Infringement Notice (TIN). This will usually combine a monetary penalty as well as demerit points. For a more serious traffic offence the driver may be issued with a Court Attendance Notice. This will usually pertain to a drink or drug driving offence.
Once issued with a TIN same maybe challenged on the following grounds:
- Nominate the person driving the vehicle at the time of the offence if different to the person issued with the TIN;
- Request a review by Transport for NSW; or
- Elect to have the matter decided in court by either:
Entering a plea of guilty and explaining the circumstances of the offence; or
Entering a plea of not guilty and challenging the occurrence of the offence.
The recipient of a TIN will have 28 days in which to make a decision. That is either to pay the penalty or seek to challenge same in court.
Brydens Lawyers have experts available to assist with all traffic offences. If you have received a Traffic Infringement Notice and attended challenge same or alternatively, have been summonsed to appear in court, Brydens Lawyers can assist. For all and any traffic offences contact Brydens Lawyers without delay 1800 848 848 or @brydenslawyers.com.au. At Brydens Lawyers – #wedotrafficoffences.