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Traffic Infringement Lawyers Cairns, Brisbane, Gold Coast
Queensland traffic infringement lawyers
Receiving a traffic infringement notice might seem straightforward. Pay the fine and move on, right? Not necessarily.
Depending on the offence and your driving history, you may receive demerit points, lose your licence or breach an existing good driving behaviour period.
The good news is that you often have grounds to dispute a traffic infringement in Queensland. You can usually also nominate another driver or elect to have the matter heard in court. However, because time restrictions apply to challenging an infringement notice, it’s important that you contact a lawyer and explore your options as soon as possible.
This guide to traffic infringement in Queensland helps you understand your options and explains when legal advice is a good option.
Call us if you're facing traffic infringement charges
At Osborne Butler Lawyers, we’re experienced in defending all types of traffic infringement charges across Queensland. We have offices in central locations in Cairns, Brisbane and Gold Coast and attend court locations across QLD.
We understand how these cases are prosecuted and know how to challenge the evidence, negotiate with prosecutors and build the best defence.
Use the form to ask us anything. We’ll respond in 24 hours.
What is a traffic infringement in Queensland?
A traffic infringement is a notice issued when you’re alleged to have committed a traffic offence in Queensland. It sets out details such as:
- the alleged offence
- the fine you’ve received, and
- the date by which you need to take action.
Infringement notices allow many traffic offences to be dealt with by paying a fine without appearing before a magistrate. This makes them different from being charged with a more serious traffic offence that requires you to attend court.
In Queensland, an infringement notice can be given to you by a police officer or transport inspector. It can also be sent electronically or delivered by post. How you receive yours will depend on the alleged offence and how it was detected.
What types of traffic infringement offences are there?
Queensland’s Road Rules allow infringement notices to be issued for a wide range of offences.
The consequences of a traffic infringement depend on both the particular offence and your driving history. While some infringements result only in a fine, others carry demerit points or can have a significant impact on your licence.
Some of the most common traffic infringements in Queensland are set out below.
Speeding offences
You can receive a traffic infringement notice for exceeding the speed limit. The fine and number of demerit points generally increase depending on how far above the speed limit you were travelling.
For instance, if you’re caught driving at less than 11km over the speed limit, the penalty is currently just $345 and one demerit point. However if you’re caught diving at more than 40/kmh over the speed limit (for instance doing over 100km/h in a 60km/h zone), the penalty is a $1,986 fine and 8 demerit points.
More serious or repeat speeding offences can also have additional consequences, including double demerit points and licence suspension.
Mobile phone offences
Seatbelt and child restraint offences
Drivers and passengers must wear seatbelts correctly, and drivers are also responsible for making sure any passengers are wearing their seatbelts too.
A driver can receive an infringement notice for failing to wear a seatbelt or for carrying a passenger who isn’t properly restrained – for instance, for not using an approved child restraint for a passenger under seven years old.
Repeat driver seatbelt and certain child-restraint offences can attract double demerit points.
Red light and traffic signal offences
You can receive an infringement notice for running a red light or failing to comply with other traffic signals. These offences can be recorded by both police and traffic cameras and generally lead to three demerit points and a $690 fine.
Failing to stop, give way or indicate
Queensland’s traffic infringement system expressly covers offences such as failing to stop at a stop sign, failing to give way, making an illegal U-turn or failing to indicate when required. If you’re caught doing any of these things, you could receive three demerit points (per offence) and a fine of at least $138.
Registration and insurance offences
Driving an unregistered or uninsured vehicle can result in an infringement notice – often detected by camera.
In some circumstances, you may be able to transfer a camera-detected fine for driving an unregistered or uninsured vehicle, where the vehicle had been sold, disposed of, stolen or illegally taken before the offence occurred.
Parking and other traffic infringements
Infringement notices can also be issued for illegal parking, toll offences and a range of other breaches of Queensland’s road and traffic laws.
What options do you have after receiving a traffic infringement notice?
If you receive a traffic infringement notice in Queensland, you generally have several options. The right one will depend on whether you accept that you committed the offence, who was driving and the potential consequences of the infringement.
1. Pay the fine
2. Apply to pay the fine by instalments
If you accept the infringement but can’t afford to pay the full amount immediately, you may be able to arrange to pay the fine by instalments.
Depending on the amount of the fine and your circumstances, this may involve setting up a payment plan or having the debt managed through the State Penalties Enforcement Registry (SPER).
Paying by instalments does not remove any demerit points or other licence consequences associated with the offence.
3. Nominate the person who was driving
If you receive a camera-detected infringement notice but you weren’t driving the vehicle at the time, you may be able to nominate the person who was responsible for the offence.
You need to make the nomination within 28 days of the infringement notice being issued and should make sure you provide accurate information. Falsely nominating another person to avoid a fine or demerit points is a serious matter that can result in further penalties.
4. Dispute the infringement
If you believe the infringement notice was issued incorrectly, you may be able to ask for it to be reviewed. This includes if:
- You believe you didn’t commit the offence
- the wrong vehicle or driver has been identified, or
- there are other circumstances that affect whether the infringement should stand.
The process for disputing a fine depends on how the infringement was issued. For camera-detected offences, you can contact the Queensland Revenue Office and provide information or evidence supporting your claim. If the infringement was issued by a police officer or transport inspector, check the notice for details of who you need to contact.
If the infringement isn’t withdrawn, you may still be able to elect to have the matter heard in court.
5. Elect to have the matter heard in court
You may also be able to elect to have the alleged offence decided by a court.
Going to court gives you the opportunity to challenge the allegation and require the prosecution to prove the offence. However, electing a court hearing can also carry risks. If you’re found guilty, the court may impose a penalty and you may also be ordered to pay additional costs.
Before electing to go to court, it is worth obtaining legal advice about the strength of your case and the potential consequences of an unsuccessful challenge.
The Traffic Infringement Notice will tell you the deadline for responding. If you’re unsure what to do, don’t simply ignore it. Understanding your options before the due date can help you avoid unnecessary enforcement action or licence consequences.
What are the consequences of paying, disputing or ignoring a traffic infringement?
How you respond to a traffic infringement notice can have consequences beyond the fine itself. Paying the infringement, disputing it or simply ignoring it can each affect your licence and the way the matter is dealt with.
Paying the infringement
If you pay a traffic infringement notice, you’re generally accepting responsibility for the offence and the matter will be finalised without going to court.
Any demerit points attached to the offence will be recorded against your traffic history. Depending on your existing point balance, this could cause you to exceed your demerit point limit or breach a good driving behaviour period.
Disputing the infringement
Disputing an infringement doesn’t mean the fine will automatically be withdrawn.
The issuing authority may review the circumstances and any information or evidence you provide. It may decide to withdraw the infringement, take no further action or allow the notice to stand.
If the infringement isn’t withdrawn, you may be able to elect to have the alleged offence heard in court. If you do, the prosecution will need to prove the offence.
However, court proceedings also carry risks. If you’re found guilty, the court may impose a penalty and you may be ordered to pay additional costs.
Ignoring the infringement
Ignoring a traffic infringement notice does not make it disappear.
If you don’t pay the fine, dispute it or otherwise take action by the due date, the unpaid infringement may be referred to the State Penalties Enforcement Registry (SPER) for enforcement.
This can result in additional fees and enforcement action.
Depending on your circumstances, SPER can also take steps such as suspending your driver licence, immobilising or seizing your vehicle, or taking money from your wages or bank account.
Importantly, refusing to pay a fine does not prevent demerit points from being recorded against you. An unpaid infringement can therefore leave you facing both SPER enforcement action and the licence consequences associated with the original traffic offence.
What is a repeat traffic infringement in Queensland?
There’s no single category of “repeat traffic infringement” under Queensland law. However, committing the same or similar traffic offences more than once can result in additional demerit points or your licence being suspended – or even more serious consequences.
For some offences, Queensland’s double demerit point system applies to second and subsequent offences committed within 12 months. These include:
- speeding more than 20 km/h over the speed limit
- mobile phone offences
- driver seatbelt offences and failing to properly restrain passengers under 16, and
- motorcycle helmet offences.
If you commit one of these offences again within 12 months, the second and any subsequent relevant offences can attract double the usual demerit points.
Repeated traffic infringements can also cause you to exceed your demerit point limit or breach a good driving behaviour period. If you receive two or more demerit points during a 12-month good driving behaviour period, your licence can be suspended for twice the period that would originally have applied.
Your previous traffic history may also become relevant if an infringement is taken to court.
Understanding your rights when dealing with traffic infringement notices
Receiving a traffic infringement notice doesn’t mean you have to automatically accept the allegation or pay the fine. Depending on the circumstances, you may be entitled to dispute the infringement, nominate another driver or elect to have the matter heard in court.
Which option is best in your circumstances will depend on the alleged offence, the available evidence and the consequences of the infringement.
If you’re unsure, it’s always worth obtaining legal advice before the response deadline expires.
What should you do if you want to dispute a traffic infringement or have been incorrectly fined?
If you believe a traffic infringement notice has been incorrectly issued, it’s important to act before the due date shown on the notice.
The steps you take after receiving the infringement can affect whether the notice is withdrawn or goes to court and whether demerit points are recorded against your licence.
1. Check the infringement notice carefully
Review the alleged offence, date, time and location, as well as the vehicle details recorded on the notice.
If the infringement was camera-detected, check whether you were driving the vehicle at the time and whether the notice correctly identifies the vehicle involved.
2. Preserve any relevant evidence
Collect any material that may support your position. Depending on the alleged offence, this could include photographs, dashcam footage, vehicle records, receipts, correspondence or witness details.
You should preserve this evidence as soon as possible, particularly where footage or electronic records may later be deleted.
3. Don't pay the fine before you understand your options
Paying the infringement will generally finalise the matter. If the offence carries demerit points, those points may also be recorded against your traffic history.
If you believe the infringement is incorrect or want to dispute the alleged offence, obtain advice before paying the fine.
4. Request a review or nominate the correct driver
Depending on how the infringement was issued, you may be able to ask for the notice to be reviewed and provide evidence explaining why it should be withdrawn.
If you received a camera-detected infringement but weren’t driving the vehicle at the time, you should nominate the person who was responsible. You must provide accurate information and make the nomination within the required timeframe.
5. Get legal advice before electing to go to court
If the infringement isn’t withdrawn, you may still be able to elect to have the matter heard in court, as discussed above.
When should you contact a lawyer if you have received a traffic infringement notice?
You don’t necessarily need to call a lawyer every time you receive a traffic infringement notice. However, you should consider obtaining legal advice if the infringement could have serious consequences for your licence, your employment or your ability to drive.
Early legal advice can help you understand whether you have grounds to dispute the infringement and the consequences of paying the fine or electing to have the matter heard in court.
It’s especially important to speak with a traffic lawyer if:
- you believe you didn’t commit the alleged offence
- you’ve been incorrectly identified as the driver
- the infringement carries significant demerit points
- you’re close to your demerit point limit
- you’re subject to a good driving behaviour period
- the infringement could result in your licence being suspended
- you have received several infringement notices within a short period, or
- you are considering electing to have the matter heard in court.
The earlier a lawyer becomes involved, the sooner they can review the infringement notice and available evidence, explain your options and help you decide how to respond.
How can a traffic infringement lawyer help if you have received a traffic infringement?
If you’ve received a traffic infringement notice, an experienced traffic lawyer can provide advice about the alleged offence, the consequences of the infringement and the options available to you.
Depending on the circumstances of your matter, a traffic lawyer can:
- review the infringement notice and the circumstances in which it was issued
- explain the alleged offence and any demerit points or licence consequences
- assess whether you may have grounds to dispute the infringement
- review photographs, camera evidence, dashcam footage and other relevant material
- advise you about requesting a review of the infringement
- advise you on whether to pay the fine or elect to have the matter heard in court
- prepare your matter for court, and
- represent you during court proceedings.
Every traffic infringement matter is different and the right course of action will depend on the alleged offence, the available evidence, your traffic history and the potential consequences for your licence.
Call Osborne Butler for clear, confidential advice
A traffic infringement notice can have consequences beyond the fine itself. Depending on the offence and your traffic history, paying an infringement may result in demerit points, a licence suspension or a breach of a good driving behaviour period.
If you believe you’ve been incorrectly fined or are considering disputing an infringement, the sooner you understand your options and the potential consequences of each, the better placed you will be to decide what to do next.
At Osborne Butler, our Queensland traffic lawyers provide practical, straight-talking advice about traffic infringement notices and court proceedings. We can review the alleged offence and available evidence, explain your options and help you achieve the best possible outcome in the circumstances.
Frequently asked questions about traffic infringement in Queensland
How long do you have to pay a traffic infringement notice in Queensland?
You generally have 28 days from the date the infringement notice is issued to pay the fine, arrange an instalment plan if available, dispute the infringement or elect to have the matter heard in court.
The due date should be shown on your infringement notice. If you intend to dispute the fine, it is important you act before this deadline.
Can you dispute a traffic fine in Queensland?
Yes. If you believe a traffic infringement notice was incorrectly issued, you may be able to dispute it with the agency that issued the notice or elect to have the alleged offence heard in court.
The right approach will depend on the type of infringement, how it was issued and the reason you say the notice is incorrect.
Should I pay a traffic fine if I want to dispute it?
No. If you intend to dispute a traffic infringement or elect to have the matter heard in court, you should not pay the fine first. Queensland’s official payment service specifically directs people not to pay when transferring or disputing a fine, and says the fine will be put on hold while it is reviewed.
If you are unsure whether you have grounds to challenge the infringement, obtain legal advice before making payment.
Does paying a traffic fine mean you admit guilt?
Paying an infringement notice generally finalises the matter without the alleged offence being heard by a court. Once the fine is paid as required, you generally can’t be prosecuted in court for that infringement-notice offence.
However, paying can still have other consequences, including demerit points being recorded against your traffic history.
Can I nominate another driver for a traffic infringement?
If you receive a camera-detected infringement for an offence committed by another person, you may be able to transfer the fine by nominating the person responsible.
You generally have 28 days from the issue date of the fine to do this. Not every infringement can be transferred, and you must provide accurate information about the person responsible.
What happens if I ignore a traffic infringement notice?
If you don’t take action by the due date, the issuing agency may refer the unpaid fine to the State Penalties Enforcement Registry (SPER), which can then issue an enforcement order. This often includes an additional registration fee and a new due date. In some circumstances, you may even be prosecuted in the Magistrates Court.
Ignoring the fine won’t prevent demerit points from being added to your traffic history.
Can I get a traffic infringement withdrawn because I have a good driving record?
A good driving record does not automatically mean an infringement will be withdrawn. For camera-detected fines, Queensland Revenue Office expressly says it can’t offer leniency simply because you have a good driving record.
Whether an infringement can be challenged will depend on the alleged offence, the circumstances and the evidence available.
What happens if I take a traffic infringement to court and lose?
If you elect to have an infringement heard in court and are found guilty, you may be required to pay additional costs as well as the penalty imposed for the offence. Current Queensland guidance also identifies the offender levy as a possible additional cost.
For this reason, it is worth getting legal advice about the strength of your position before electing a court hearing.
Can a traffic lawyer get my fine cancelled?
A traffic lawyer can’t simply cancel a valid infringement notice.
However, they can review the alleged offence and available evidence, identify any legal or factual grounds for challenging the infringement and advise you on whether to request a review or elect to have the matter heard in court.
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If you have received a traffic infringement notice in Queensland and need legal advice, contact Osborne Butler Lawyers today for clear advice and experienced traffic-law representation.
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