WA Can I challenge a speeding fine in court?

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shesparklez

Member
16 September 2020
2
0
1
Hello,
I live in Western Australia, and I would like to know if I can challenge a speeding fine in court? My reason for speeding was because I was driving myself to the doctor in a rush, as I was in significant pain due to a back injury (I have proof of doctor appointment for that day) I also have multiple scans etc that prove my recent spinal condition.
Is it legally possible to challenge the speeding fine on this basis? I was going 11km over the speed limit on the freeway. I can't afford to get this speeding fine as I will lose my license due to demerit points, otherwise I would just pay the fine.
Thankyou for your assistance
 

Adam1user

Well-Known Member
5 January 2018
539
32
2,219
Hello,
I live in Western Australia, and I would like to know if I can challenge a speeding fine in court? My reason for speeding was because I was driving myself to the doctor in a rush, as I was in significant pain due to a back injury (I have proof of doctor appointment for that day) I also have multiple scans etc that prove my recent spinal condition.
Is it legally possible to challenge the speeding fine on this basis? I was going 11km over the speed limit on the freeway. I can't afford to get this speeding fine as I will lose my license due to demerit points, otherwise I would just pay the fine.
Thankyou for your assistance
Yes, You can elect to go to court, but I would not advise you to challenge a speeding fine (meaning that you did not do it), what you can do is, called, guilty with explanation. Admit that you were speeding and take your driving record (assuming you have a good driving record - means no traffic offenses for the past 10 years) and all documents or proof of your case (back issue) and ask for what the magistrate would provide and say thank you. Then see what happens, this is the only way to help yourself, other than that, if you dispute it, you would will get the infringement and court costs too.
Good luck.
 
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shesparklez

Member
16 September 2020
2
0
1
Yes, You can elect to go to court, but I would not advise you to challenge a speeding fine (meaning that you did not do it), what you can do is, called, guilty with explanation. Admit that you were speeding and take your driving record (assuming you have a good driving record - means no traffic offenses for the past 10 years) and all documents or proof of your case (back issue) and ask for what the magistrate would provide and say thank you. Then see what happens, this is the only way to help yourself, other than that, if you dispute it, you would will get the infringement and court costs too.
Good luck.
Thankyou for explaining that option. That sounds like a good option. Unfortunately my driving record is not the best, as I’ve had my fair share of speeding fines in the past. I’m currently on a good behavior 1 year period ( not allowed to get any demerit points) after I exceeded my demerit points in 3 years. I chose this option in May rather than lose my license for 3 months during covid and winter. I was doing fine until I was speeding due to my back injury recently. This is why I want to take to court as I hope to not lose my license for 6 months (double or nothing). I feel I have a genuine explanation for speeding with my back injury however I still don’t know if this would be looked favorably upon considering the not- so -great driving record. So is it even worth me going to court or better to lose license ?
 

Adam1user

Well-Known Member
5 January 2018
539
32
2,219
Thankyou for explaining that option. That sounds like a good option. Unfortunately my driving record is not the best, as I’ve had my fair share of speeding fines in the past. I’m currently on a good behavior 1 year period ( not allowed to get any demerit points) after I exceeded my demerit points in 3 years. I chose this option in May rather than lose my license for 3 months during covid and winter. I was doing fine until I was speeding due to my back injury recently. This is why I want to take to court as I hope to not lose my license for 6 months (double or nothing). I feel I have a genuine explanation for speeding with my back injury however I still don’t know if this would be looked favorably upon considering the not- so -great driving record. So is it even worth me going to court or better to lose license ?
You situation is a bit tricky and will depend on the Magistrate, you can try it, the worse thing is that you will pay additional court costs in addition to the infringement. so you need to decide whether paying the court costs is worth the risk or just pay it and live on...