Are you planning to appeal a court order or a traffic infringement notice? Do you believe you’ve been unfairly targeted by the legal system? At GC Traffic Lawyers, the Gold Coast’s leading traffic law firm, we have the knowledge and experience to assist you with all stages of appealing a traffic matter.

We can protect your employment and lifestyle by ensuring you won’t face unnecessary hardship from fines, demerit point penalties, or the loss of your licence. Our team have experience in appeals all the way to the High Court of Australia, so you can rely on us to provide you with expert legal counsel.

How long do I have to appeal a decision?

After being issued with a traffic infringement notice, you have 28 days to notify Queensland Transport of your intention to file a dispute. To avoid forfeiting your right to an appeal, it’s essential you act quickly. Failing to take legal action within 28 days can complicate the appeals process.

What steps do I need to take when appealing a decision?

There are several procedures involved with appealing a traffic offence. Completing each of the following steps will ensure your case meets all the necessary legal requirements:

  1. You can begin the dispute process by filling out the “Election for Court” form on the back of your infringement notice and sending it to the Queensland Department of Main Roads. If you’re contesting a speeding charge, you may also need to write a submission to the Queensland Police Service Traffic Camera Office regarding the circumstances of the offence.
  2. Upon receiving your dispute request, the Department of Transport and Main Roads will issue you with a summons to attend a court hearing.
  3. At this hearing, you’ll be given the opportunity to plead guilty or not guilty. If you decide to plead not guilty, the court will fix a hearing for a later date. It’s vital that you attend this first court hearing. If you fail to attend, the matter will be heard in your absence and you’ll receive your penalty in the mail.
  4. At your second court hearing, you’ll be given the opportunity to present your case and submit evidence in support of your appeal. The court will usually reach a decision regarding your appeal at this hearing.

GC Traffic Lawyers can minimise the stress involved with appealing a traffic offence by guiding you through each of these steps.

What do I need to prove?

When appealing a traffic offence, you’ll need to provide evidence in support of the following:

  • The circumstances of the traffic offence
  • Any weaknesses in the prosecution’s evidence
  • Your traffic history (you’ll need to show that you don’t present any danger to the community by keeping your licence)
  • Your reasons for needing a licence.

The court will makes its decision based on how your evidence stacks up against the prosecution’s case.

Risks of losing an appeal

There are some risks associated with appealing a traffic offence. These include:

  • Fees – Even though the fees associated with traffic appeals are typically quite low, they may still outweigh the fine you’ve been issued with. Our lawyers will make sure you’re aware of any fees that may apply to your case.
  • Time off work – You may need to take time off work in order to attend court.
  • Harsher penalties – If you agree to a good behaviour bond in order to keep your licence, you must abide by its conditions. Failing to do so could result in an even lengthier licence suspension.

GC Traffic Lawyers can help you decide whether the benefits of appealing your traffic offence outweigh the potential risks.

What if I accept the fine and lose my licence?

If you face losing your licence, you may still qualify for a Special Hardship Order. This order lets you drive under special conditions when your normal licence has been suspended. To get a Special Hardship Order, you’ll need to prove to a Magistrate that you need to drive for work, education or another essential purpose.

Why do I need a traffic lawyer when I can just represent myself in court?

When appealing a traffic offence, it’s vitally important to appoint a specialist traffic lawyer. Representing yourself in court can be a stressful experience and may reduce your appeal’s chances of success.

Working with a specialist traffic lawyer is the best defence against losing your licence. At GC Traffic Lawyers, traffic law is all we do. We go to court every day and understand what grounds for an appeal are likely to be successful. Our lawyers know traffic law inside-out, and that’s what gives us the edge over other Gold Coast lawyers.

To speak with an experienced traffic lawyer about appealing your offence, contact GC Traffic Lawyers today.