How to Challenge a Traffic Offence in Queensland

Traffic law is the area of criminal law concerned with traffic offences including careless driving, hooning as well as driving under the influence. Resolute Legal’s team of traffic offence lawyers have the knowledge and experience to help you challenge the offence and minimise the penalties.

Contesting a Ticket

If you believe that you have been given an incorrect ticket by a police officer, transport inspector or traffic camera, you may challenge this in court. To contest a speeding violation ticket, you do not have to pay the fine, but rather opt to challenge it in court. At this point, legal advice from a traffic offence lawyer should be sought before choosing to contest a speeding infringement.

Is It Always Worth Contesting the Traffic Offence?

A failed trial will involve paying the initial fine, imposing an officer charge, and potentially additional court costs. In many cases, the costs associated with challenging the ticket will be much more than the fine itself. As a result, if you wish to contest a traffic offence, it’s usually a good idea to speak to traffic offence lawyers first to ensure you have the appropriate advice to navigate this complicated area of the legal system.

Contesting a Driving Under the Influence (DUI) Charge

If you have been caught driving under the influence of drugs or with a blood alcohol concentration (BAC) of higher than 0.05%, you may be facing stricter penalties and a potential licence suspension. To minimise the potential penalties you may incur, it is important to speak to drink driving lawyers to seek legal advice.

You must give sufficient supporting evidence to the court when making an appeal. The prosecution may bring in an expert witness to give evidence about the accuracy of the equipment used to test for drugs or alcohol. If a Notice to Claim or Challenge has not been served upon the prosecution, the prosecution may provide evidence of the accuracy of a device simply by producing a certificate showing the device was tested and found to be accurate for one year prior to the date of the offence. A criminal lawyer, such as those at Resolute Legal Lawyers in Townsville and Mt Isa, can help with your case.

If you’re fighting a drink driving offence, contact Resolute Legal today to speak to one of our drink driving lawyers.

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