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Understanding Infringement Notices in Western Australia

You have several options if you receive an infringement notice for a traffic offence

Many minor offences in Western Australia, including speeding and other traffic violations, are charged with infringement notices. This article will help you understand your options if you are notified of an infringement.

What is an Infringement Notice?

Many people think of an infringement notice as a “ticket.” They are often issued by police officers after stopping a driver who, in the officer’s judgment, committed a traffic offence. They can also be mailed to registered owners of vehicles that are recorded on speed or red light cameras.

What are My Options if I Receive an Infringement Notice?

If you agree that you committed the offence and you do not want to contest it, you can pay the amount specified in the infringement notice. You have 28 days to do that.

If you do not agree that you committed an offence, you have three options:

  • If you were not the driver of a vehicle photographed by a speed or red light camera, you can submit the name and address of the driver to the police. The infringement notice will explain how to do that. The police will then send an infringement notice to that driver.
  • If you have some other reason for believing you committed no offence, you can ask the police to review your case. You do that by writing a letter to the police explaining your innocence. The infringement notice will tell you the address to which you can send your letter. If the police agree with you, the infringement notice will be withdrawn.

If you want to defend yourself in court, you must notify the police that you want a hearing before the Magistrate’s Court. You will then be sent a prosecution notice. You can pursue a review first and opt for court if your request for review is rejected.

If you believe you committed no offence, you should talk to a lawyer before going to court. A lawyer can help you present your defence.

What Happens if I Do Nothing?

If you wait more than 28 days and do not pay the notice or request a review, you will be sent a Final Notice and charged an additional amount. If you do not pay within the next 28 days, you will be sent an Order to Pay or Elect. You can still choose to go to court at that point, but if you do nothing, enforcement proceedings can be started after another 28 days expires. That may result in the suspension of your licence or, in some cases, a warrant for your arrest.

Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.

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