Option 1: Go to Court & Seek Leniency / Appeal the Penalty Notice

You can request to have your traffic infringement or penalty notice decided by a Magistrate in the Local Court of NSW, as long as you have not paid the fine, and within 28 days from when you received the penalty notice (or penalty reminder notice).

Option 2: Pay the Fine & Incur Demerit Points

Pay the penalty Notice and incur the demerit points. An accumulation of 13 or more demerit points will trigger a licence suspension. You can avoid this by asking for a review from Revenue NSW and/or electing to go to court to have the matter decided by a Magistrate. Most of the time, Revenue NSW will not interfere with the infringement and many people are left with paying the fine. However, a Magistrate has the power to dismiss the fine completely even after you plead guilty to the offence. See below for more details.

Here’s how to Go to Court & Save Your Licence:

What happens at court?

The State Debt Recovery Office (SDRO) or Revenue NSW will send you a Court Attendance Notice (CAN), and list your case in court on a date for mention. The matter is usually listed at the nearest local court to where the offence occurred.

If you intend to plead for leniency or not guilty, you should seek legal advice from our Traffic Law Specialists. We appear weekly in these type of matters and will provide you with honest advice about your case. Call now on 1800 100 529.

What are the possible outcomes at court?

After the Magistrate reads your documents and listens to anything you want to say, he/she will then exercise their power to either fine you or discharge you by dismissing the fine. Here are the likely scenarios:

Plea of Guilty & Fine Dismissed – with the help of our self-representation service or by hiring one of our lawyers, you could avoid the fine, and demerit points or suspension of your licence. This occurs when the Magistrate imposes a “Section 10” pursuant to the Crimes (Sentencing Procedure) Act 1999. 

Plea of Not Guilty & Found Not Guilty – In this instance, evidence is presented by the NSW Police and your lawyer will challenge that evidence. Depending on the number witnesses and legal issues, this process can become complex and you should seek legal advice immediately. If you are found not guilty after the hearing, then the fine and any demerit points will no longer apply. This usually occurs after the Magistrate has heard your case and witnesses.

Found Guilty and/or Fined – This means you will be convicted of the traffic offence, required to pay a fine and you will incur demerit points. A conviction for minor traffic offences do not appear on your criminal convictions report.