Traffic Appeals

Traffic offences in the ACT cover a wide range of violations under the Road Transport (General) Act 1999 and associated regulations. Common offences include:

• Speeding – including fixed camera and mobile speed detection
• Using a mobile phone while driving
• Failing to stop at red lights or stop signs
• Driving without a valid licence or while suspended
• Drink or drug driving
• Dangerous or negligent driving

These offences may result in financial penalties, demerit points, and in some cases, automatic licence suspension or disqualification. Offences can range from minor administrative infringements to serious criminal matters heard in court.

When appealing a traffic offence in the ACT, particularly where a licence disqualification is involved, the following elements are typically considered by the court:

• Legal Validity of the Charge: Was the charge issued correctly, and does it align with legislation?
• Procedural Fairness: Were you properly notified and given a chance to respond?
• Evidence Reliability: Are the details of the offence accurate and supported by admissible evidence (e.g. radar logs, camera footage, or police records)?
• Driver Circumstances: The personal or professional impact of a suspension, especially if the driver is responsible for dependent family members, requires a licence for work, or has medical needs.
• Prior Driving History: A clean record may support leniency, while a history of repeated breaches may make an appeal more difficult.

An effective appeal clearly addresses each of these points with supporting evidence and legal argument.

Not all traffic offences are straightforward, and several defences may apply depending on the circumstances. These include:

• Mistaken Identity: The driver was not the person behind the wheel at the time of the offence
• Faulty Detection Equipment or Inaccurate Signage: Speed detectors or road signs were not operating correctly or were improperly placed
• Emergency or Necessity: The offence occurred during a genuine emergency requiring immediate action
• Procedural Error: Defect in how the infringement was issued or lack of legal authority
• Exceptional Circumstances: If the offence would cause disproportionate hardship, such as loss of employment or medical access, especially in licence appeals

Each defence must be properly supported with evidence such as witness statements, photographs, service records, or medical documents.

Appealing a traffic offence does not guarantee the penalty will be removed, but successful outcomes are possible with skilled representation. These may include:

• Withdrawal of Charges or Fines: The matter may be dismissed if the charge was invalid or improperly issued
• Reduction in Demerit Points: Penalties may be downgraded to less severe offences
• Overturning or Reducing Licence Suspension: The court may grant an exemption, shorten the suspension, or allow a good behaviour licence
• No Conviction Recorded: In some cases, especially for first-time or minor offences, the court may impose a non-conviction order under Section 17 of the Crimes (Sentencing) Act 2005
• Conditional Discharge: You may be placed on a good behaviour bond without further penalties

Brightstone Defence provides thorough preparation to maximise your chance of a positive result, focusing on both legal technicalities and personal hardship factors.