Infringement Lawyers

Can an Infringement Lawyer really make a difference?

The short answer is “yes”. There are many ways that experienced infringement lawyers can challenge, defend and decrease the infringements, fines or penalties that you are expected to pay. Many self-represented people go before the Courts every day and don’t know that they can have an infringement or penalty struck out, either in part or entirely. Even if you are unsure, make a time to speak with one of our criminal defence lawyers to discuss your infringement, fine or penalty. An initial client consultation with a member of our team can inform you, prepare you and set your mind at ease.

What should I know about Infringements, Fines and Penalties in Victoria?

One of the most common types of matters to come before the Magistrates’ Court relates to infringements and fines.

These infringements can arise due to speeding fines, red light camera offences, parking fines and (overwhelmingly) unpaid tolls (Eastlink and Citylink). Most recently, the Victorian Ombudsman released a report confirming that the activities of private debt collection companies on behalf of Councils is and always has been illegal. Accordingly, millions of dollars have to be repaid to those who have unsuccessfully appealed parking tickets to private companies. This is just one example of how the law in this area is constantly changing.

The Infringements Act 2006 (VIC) regulates the Infringements system, including the procedure and available options to people faced with an infringements notice.

Much confusion arises in relation to these types of offences, and we are here to help no matter what your circumstance.

Some of the common queries we deal with relate to clients who have accumulated a large number of infringements, wish to dispute a particular infringement or fine, or wish to apply for revocation. The infringements procedure can be complicated and difficult to understand, and we seek to provide clarity to our clients in concisely explaining available options to them. Ultimately, it will depend on the type of infringement you have received and the stage in infringement process it has reached (i.e. is it the first notice or are you at a warrant stage). Overwhelmingly, by receiving competent legal advice and representation, you can significantly reduce the total cost of the fines.

Life can be overwhelming and we understand that most people want to put their heads in the sand when they see the Victoria Police or Court envelopes arrive in their letterbox. However, often there is a straightforward way to reduce the total amount of tolls (and accordingly the amount you have to pay) and to streamline the process so that you can manage any outstanding toll debts and enter into a payment plan that is manageable and affordable. Please do not hesitate to contact the infringement lawyers at our office to make an appointment to discuss your matter.

How Infringement Lawyers Work with Companies and Individuals

In our view companies MUST keep a record of their drivers, the dates and times that they are driving a vehicle, the vehicle registration plate of the vehicle being driven and, a copy of the drivers licence of the driver. By having these details, the company can nominate a driver personally responsible for a traffic infringement, saving the company a considerable degree of hassle and expense. We have had cases come through our office where a particularly reckless employee driver has accumulated an incredible number of infringements whilst driving a company vehicle. However, because the company did not keep records of exactly when this employee was driving, nor did they take a photocopy of their driver’s licence, they were unable to nominate that person. The company may have dismissed the employee, but they were still left with the significant fines to pay, whilst the employee’s bank balance, licence and demerit points (in particular) were unaffected. It is always sensible to keep diligent records of employee drivers if for no other reason than it acts as a deterrent against disobeying the road rules whilst operating a company vehicle.

Individuals on the other hand may have their driver’s licences affected by the accumulation of infringements, may be personally prosecuted for infringements, risk having their belongings seized by the Sheriff and, in extreme cases, be imprisoned in lieu of payment! This is particularly so if you have accumulated a large number of toll infringements.

I have received an Infringement, Fine or Penalty Notice – Do I need an Infringement Lawyer?

Infringement Notices are issued by the Victoria Police in its capacity as an Enforcement Agency, most particularly through the Traffic Camera Offie. Infringement Notices can be issued in relation to speeding fines, red camera fines, other miscellaneous road traffic fines and also in relation to Tollway offences (see below for information specific to toll matters). It is worth noting that Official Warnings can be given in lieu of  an Infringement Notice if you are alleged to have exceeded the speed limit by 10 kilometres or less. Whether you are eligible for a Warning depends on a number of factors, so visit the relevant website for more information.

Even if you have just been served with an Infringement Notice, you can apply to have the matter heard in Court. This is usually worthwhile if you have received a significant number of Infringement Notices and you wish to have the overall amount reduced and a payment plan implemented. Remember that the longer you wait in the infringement process to settle the matter, the more costs will be incurred. 

The legislative framework in Victoria provides a number of avenues when dealing with an Infringement Notice.  If you have missed the deadline for paying a penalty, there are ways in which to apply for a review of the infringement, negotiate a payment plan, to apply for a revocation, or to dispute the issuing of the infringement and proceed before the Magistrates’ Court. Importantly, you may have ‘special circumstances’ or ‘exceptional circumstances’  which will impact on your ability to pay an infringement, and could result in 2/3 or even the entirety of the infringements being struck out. It is vital that you seek legal advice to determine whether this applies to your personal situation.

For further information on available options, see the Victorian Government website.

It is important that if you have received an Infringement notice, you act upon resolving the issue as quickly as possible. The available outcomes vary at the different stages of the process, which is why you should obtain the appropriate legal advice from an infringement lawyer at the earliest possible stage in the proceedings so that we can provide you with the best advice.

What is a penalty unit?

If you have ever read a section of legislation related to an offence, you will often see that the offence may be punished by a period of imprisonment and/or a fine of X number of penalty units. So, what is a penalty unit? A penalty unit is an amount of money decided by the Department of Treasury and Finance every financial year. For further clarification, go to the Department’s website.

How Galbally Parker Infringement Lawyers can Help

The infringement lawyers at Galbally Parker have acquired extensive knowledge in this area and are able to assist those who are facing fines, penalties and infringements, providing our clients with a “one stop” solution to their legal issues. Contact us by email via lawyers@galballyparker.com.au or telephone (9670 8771) if you need legal advice in this area.