Competent Legal Counsel can provide Guidance
Traffic infringements occur when an individual is found to perform an action that contravenes traffic laws or regulations. Reliable criminal lawyers can help guide and assist you if you are served with penalty notices and so on. Traffic offences that are considered minor are not associated with the penalty imprisonment. If you commit a minor traffic offence, you are issued with what is known as a TIN or Traffic Infringement notice. Such offences require an expiation fee to be paid within twenty-eight days of committing the offence and are resolved in the court. Once the offender pays the expiation fee, he or she is no longer liable for any further prosecution for that specific offence.
In case, the offender fails to pay the expiation fee, they will be served with a reminder notice where an additional fee will be added to the original expiation fee. However, under hardship conditions (if the offender is genuinely found to be in difficult financial conditions), the court may allow one or more of the following payment arrangements to be implemented:
- The offender may be allowed to pay the expiation and reminder notice fee over a period of 12 months (or more in certain cases)
- Extension of payment period
- Payment by garnishing of wages (deduction of salary by court order)
- Surrender of property to a court or law officer (usually the Fines Enforcement and Fines officer)
In rare cases, an offender may be allowed to perform community services in lieu of a minor traffic infringement notice. Traffic offences are usually prosecuted by the Magistrate (and not by a judge or jury) and such offences are not punishable by imprisonment. If you wish to plead ‘not guilty’, you can seek the guidance of an able lawyer and appear in court on the appointed date. A competent lawyer can advice you correctly on entering pleas, appearing in court and following legal procedures correctly, while helping you assert your rights at the same time.
Other types of traffic offences may attract punishments that may include disqualification of license or the ‘points demerit scheme’. For example, the ‘points demerits scheme’ will apply in cases of minor traffic offences (minor as determined under Australian traffic laws) such as driving without lights or running a red light. If the offence resulted in accidents, damage or injury, the penalty may be more serious. An individual who was charged with speeding and running a red light at the same time would attract demerit points for both offences.
In general, if the driver incurs twelve or more demerit points within a period of three years, his or her license may be suspended by the Registrar of Motor Vehicles.