Australia Law

Have Australian Law Questions? Ask a Lawyer Now.

Ask a Lawyer,
Get an Answer ASAP!

Australia Law

I have a speeding notice from NSW. It claims i was

Customer Question
I have a speeding notice...
I have a speeding notice from NSW . It claims i was photographed speeding at Nerong. I looked at the online photograph. It is bad and i cannot tell if it is me or my friend. Neither of us can recall who was the driver. Do I have any defence. It is for $260 and 3 demerit points. What is my best course of action?
Submitted: 2 years ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 1 hour by:
11/13/2015
Solicitor: Patrick H., Lawyer replied 2 years ago
Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5,422
Experience: Dip Law LPAB - Sydney based lawyer
Verified

Hello and thank you for your question.

Under section 186 if you were not the driver then you are generally obliged, as the registered owner of the car, to nominate the person who was driving the car at the time of the offense:

http://www5.austlii.edu.au/au/legis/nsw/consol_act/rta2013187/s186.html

If you wish to dispute that you were the driver, but cannot comply with s186, then the court will only escape being treated as the driver if you can satisfy the court that your inability to do so was reasonable in accordance with s.187(b):

http://www5.austlii.edu.au/au/legis/nsw/consol_act/rta2013187/s187.html

A court could take the view that if you were acting as a responsible registered owner you would have kept a record of who you allowed to drive your vehicle and when. Alternately, if you were regularly rotating the driver, it could be arguable that such a system would hardly be infallible and therefore would not have allowed you to identify the driver with certainty. Whether taking the matter to court is worthwhile to try to avoid such a fine and point loss, is something for you to decide on, but you have an arguable, if uncertain case.

I trust the above assists.

Good luck and please rate my answer.

Patrick

Ask Your Own Australia Law Question
Customer reply replied 2 years ago
Thank you for that. I really dont know if it was me or my friend. The camera evidence is useless. (for helping me choose anyway) I am willing to nomate all people who could possibly be the driver. Me or my friend. and let the magistrate decide. Can this be done by submission without attending court? Has this approach ever worked?
If i attend court would I likely be better off than if i made a submission.
Where is the court located for this speeding fine?
Solicitor: Patrick H., Lawyer replied 2 years ago

If you cannot nominate another driver then the only way to contest it is to be prepared to go before the court, tell your story and hope that the magistrate believes you and is sympathetic enough to accept that it was reasonable in your situation not to be able to nominate the driver in question.

The requirement to nominate someone is a strict requirement normally done by statutory declaration. To falsify a statutory declaration is a serious criminal offense punishable by a term of imprionsment. Accordingly, you must be very careful not to nominate someone unless you have good grounds for believing that person was the driver, and based on what you have said, it appears you do not have such clear grounds.

Whilst it is a matter for you whether you contest the charge, unless you can simply persuade the police to withdraw the infringment notice, you will need to contest the matter in court. No doubt contesting a charge on the basis of confusion over who was at the wheel has succeeded many times, however, it will simply depend on whether the court believes your uncertainty as to who was at the wheel is both genuine and reasonable, and it is not possible to predict how a court will decide those issues before you and/or your friend give evidence on the matter.

If you need assistance considering what is involved in defending the matter before the court, the following links may assist:

http://www.localcourt.justice.nsw.gov.au/

http://www.legalaid.nsw.gov.au/publications/factsheets-and-resources/going-to-court-guide-to-the-local-court-for-defendants

I appreciate that may not be the answer you were hoping for, but I trust it assists.

Good luck and please rate my answer.

Patrick

Ask Your Own Australia Law Question
Customer reply replied 2 years ago
just one more thing please. I live in Hope Island Queensland. If I succeed am I entitled my costs to attend court. I assume I have to go to Sydney. That is a return airfare from Coolangatta and return taxi fares to court.
If so, is it worth mentioning this to the police if I try to persude them I cant identify the driver. (i am willing to name the other person)
Solicitor: Patrick H., Lawyer replied 2 years ago

If you win your case it is possible that some of your expenses will be met, but it is a discretionary thing and in my exerience you won't get fully reimbursed for your costs. Moreover, the reality is that some of the hearing dates will only be preliminary hearing dates, and if you contest a charge it is possible that a matter set down for determination on one day will end up being adjourned to another date. Unfortunately the courts tend to set down a considerable number of cases on any particular day and do not always get through them. Moreover, if a party, whether the prosecution or the defendant has an issue preparing their case the court will often simply adjourn the matter. This is a very serious problem for parties who are unable to attend court, and realistically, is an extra reason why it may not be worth contesting an infringment notice, expecially for only a couple of hundred dollars.

Whilst the courts do have factilities to hear matters remotely in some circumstances, and a prosecution can sometimes be listed for hearing at a court more accessible than Sydney, such services are not always available, and you will need to contact the court registry to see whether it is possible to a) have the matter transferred to a court closer to where you reside, and/or to have your hearing dealt with by telephone or audio/visual link up.

I trust the above assists.

Good luck and please rate my answer.

Patrick

Ask Your Own Australia Law Question
Ask Patrick H. Your Own Question
Patrick H.
Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5,422
5,422 Satisfied Customers
Experience: Dip Law LPAB - Sydney based lawyer

Patrick H. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

26,412 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,833 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

James D. Ford

James D. Ford

Solicitor

1,600 satisfied customers

Consulting Principal at Nexus Law Group

< Previous | Next >

Related Australia Law Questions
We have had a car stored in our shed for 13-14yrs the owner
We have had a car stored in our shed for 13-14yrs the owner never came to pick it up she would ring about once a year promise to pick up in a few weeks but didn't we had no contact number or a full na… read more
John Melis
John Melis
Diploma In Law
1,365 satisfied customers
My wife and I have planned a holiday to the East Coast and
Hi, My wife and I have planned a holiday to the East Coast and have booked and paid for a number of hotels and airlines. Since booking I have suffered a major heart trauma and am unable to travel. I h… read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
I am looking for some advice but not sure if you can help in
I am looking for some advice but not sure if you can help in my case... My ex partner and I separated almost two years ago and we have a daughter that is almost three years old. She is planning to go back to our country of origin with my daughter and I just wanna know if the Australian law can help me to keep my daughter with me if i am not Citizen or Permanent Resident... … read more
John Melis
John Melis
Diploma In Law
1,365 satisfied customers
Victoria. My ex husband and I are "legally" separated for
My ex husband and I are "legally" separated for the past 3 years. I have registered this with Centrelink. We were married 21 years (24 years now legally). We have 3 children, 1 of whom is still a minor and lives with me. he is 14 years old. My ex husband is not making any arrangements as yet to get divorced as he says he's "not sure" ... but I am. I'm not sure how to go about divorce. We were married in South Africa in 1994 and have a marriage contract. Would our marraige contract still be valid in Australia if we got divorced? … read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
My husband and I had a few insurance policies with AMP
My husband and I had a few insurance policies with AMP before. Presently I only have my life insurance which was converted from a previous policy into what is called Flexible Lifetime - Protection Pla… read more
John Melis
John Melis
Diploma In Law
1,365 satisfied customers
My wife and I purchased a house and settlement was to be at
Hello my wife and I purchased a house and settlement was to be at 12:30 Friday 19/01/18 we organised a REMOVALIST they arrived loaded a house lot then drove to house we purchased got there around 1:45… read more
John Melis
John Melis
Diploma In Law
1,365 satisfied customers
Just wanna ask question. Victoria. Its all about my friend
just wanna ask question JA: What state are you in? It matters because laws vary by location. Customer: victoria JA: Has anything been filed or reported? Customer: nah JA: Anything else you want the la… read more
John Melis
John Melis
Diploma In Law
1,365 satisfied customers
As a Sole Trader, if a Customer is refusing to pay for Parts
As a Sole Trader, if a Customer is refusing to pay for Parts installed into a Pump on their property (I have the Proof of Purchase for the parts installed), I have 7 months of left messages, actual co… read more
John Melis
John Melis
Diploma In Law
1,365 satisfied customers
My mother has passed away and I am now a beneficiary to her
My mother has passed away and I am now a beneficiary to her will. I am however under bankruptcy and want to know if I can disclaim my inheritance. Can this be done? … read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
My sister in law has purchased a unit in Bicton she was
Hi my sister in law has purchased a unit in Bicton she was informed by agent thst strata fees were $450 per quarter she budgeted for this and cannot afford any more as she is on a pension when she miv… read more
John Melis
John Melis
Diploma In Law
1,365 satisfied customers
My son lives in qld and is in debt up to his eyebrows .I am
Hi my son lives in qld and is in debt up to his eyebrows .I am 81 and cannot help can you tell me if he can cet his bank to freeze his house mortgage for a period to help … read more
John Melis
John Melis
Diploma In Law
1,365 satisfied customers
I just don't know how to ask this question in realation to a
Hello I just don't know how to ask this question in realation to a retail employee that's going into the 7 year on casual rates … read more
John Melis
John Melis
Diploma In Law
1,365 satisfied customers
My husband and I have recently separeted, living still on
My husband and I have recently separeted, living still on the same property, I have invested all my life savings of $130'000 from overseas (Switzerland) into the property and relationship. Unfortunate… read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
I have been billed by both AGL and Red Energy for the same
I have been billed by both AGL and Red Energy for the same period. I signed up to Red Energy after a door to door salesman came by. AGL then contacted me a day later and offered me a good deal to stay… read more
John Melis
John Melis
Diploma In Law
1,365 satisfied customers
I have an enquiry in regards to a towing dispute. I am
Good afternoon, I have an enquiry in regards ***** ***** towing dispute. … read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,833 satisfied customers
I my dad had a car accident in my car im insured with bingle
hi i my dad had a car accident in my car im insured with bingle bingle organized to take it to one of ther accessor to see the damage first off i had to go all the way to doncaster to one of there rep… read more
John Melis
John Melis
Diploma In Law
1,365 satisfied customers
Is it illegal to put spy wear on a partners mobile which
Is it illegal to put spy wear on a partners mobile which allows to monitor all calls and text messages and photos he also illegal got the thumb print and got onto the mobile and downloaded all message… read more
John Melis
John Melis
Diploma In Law
1,365 satisfied customers
My ex husband and I just passed away. We were in touch and
My ex husband and I just passed away. We were in touch and he wanted to come and restart our relationship. I went to his funeral yesterday. In Fremantle. We were together from 1980 until 1996. We were… read more
John Melis
John Melis
Diploma In Law
1,365 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x