WA Can I challenge a speeding fine in court?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

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.
 
  • Like
Reactions: shesparklez

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...
 

sammy01

Well-Known Member
27 September 2015
4,276
622
2,894
Magistrate is gonna give you a few serves.
Serve 1 - If your back was that bad you should not have been driving.
Serve 2 - Speeding would not help your back nor your recovery.
Serve 3 - Your back is not more important that the lives of other road users whose lives you put at risk.
Serve 4 - A back injury is not a medical emergency. Getting to the doctor's 3 minutes faster wasn't gonna save your life as is the case when ambulance drivers with lights and sirens speed during a REAL medical emergency. Oh and those ambo's go through extensive training. NOT YOU.
Serve 5 - You had an appointment? WTF? So reasonable to assume that the issue here is not that you had a sore back, it was that you were running late.
Serve 6 - Your driving history is shocking. You really think a magistrate isn't gonna go - oh wow you've found an excuse. Let's let this guy keep driving. WHY? well nobody wants you to think that if you can come up with a lame excuse NEXT time you can get away with it. WHY? Well because you will think you continue speeding and putting other punter's lives at risk just so long as you can find an excuse.
Serve 7 - go back to the learner's drivers manual. You're not gonna find a page that states "IF you have an ouchy you can go really fast"
Have a read - prove me wrong
https://www.transport.wa.gov.au/mediaFiles/licensing/DVS_DL_B_DriveSafeFull_k.pdf

But i wanna see you take this to court. See I reckon you're gonna be well upset at me telling you the fcuking obvious. So go to court and let the magistrate explain it to you...
I like pg 2 of the drive safe manual
"Every death on our roads is a major tragedy causing enormous emotional pain and grief to family and friends. Even more distressing is the fact that many of those killed are young people. Statistics show that road users between 17 and 24 years of age make up just 15 per cent of the Australian population, but they account for around one-third of road deaths. "

Final piece of advice for you to think about for the next 6 months - Walking is great for general health. Much better for your back than sitting in car.