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.
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.
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 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.
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.