THINGS ABOUT EXPIATION NOTICES YOU MAY NOT KNOW!
If you are alleged to have committed a traffic offence you may be issued with an Expiation Notice or ‘On the Spot Fine’. That notice may be issued by the police or any number of other authorities and you will need to pay the fine unless you elect to be prosecuted.
Every Expiation Notice must be issued in a proper form and in some instances the Notices may be defective. If a Notice is defective there are ways that it can be amended by the issuing authority or defended by you and it is always in your best interest to seek legal advice before paying the fine.
A notice may take more than one form, and may be either handwritten or computer generated.
For offences relating to speed cameras or red light cameras, notices are issued to the registered owner. If the registered owner was not the driver, that person may complete and submit a Statutory Declaration nominating the person who was driving at the time of the offence. The notice will then generally be re-issued to the nominated person.
If you choose to pay that fine then you will incur the demerit points that apply for the offence concerned. If the fine is for two or more offences arising from the same incident then demerit points are incurred only in respect of the one that attracts the most points (except where both a red light and speeding offence are involved together).
It is possible to apply to the issuing authority to have the notice withdrawn on the grounds that the offence is trifling. That means that either there were compelling humanitarian or safety reasons for the conduct involved, you could not reasonably have averted committing the offence or it was merely a technical or petty instance of the offence. In our experience it is extremely rare for such an application to succeed and the decision of the issuing authority in that regard is final and not subject to review by a court.
To defend the offence for which you have received a notice, you will need to elect to be prosecuted and return that election form to the Expiation Notice Unit. You will then receive a summons to attend court at a nominated time and date.
If you ignore the fine or fail to pay within the specified time, not only will you attract overdue fees, but your licence may be suspended. If a Court orders the suspension of your licence due to the non-payment of fines, the suspension will commence 21 days from when the Registrar of Motor Vehicles receives the order from the Court. Your licence will remain suspended for 60 days and you will not be able to drive until the fine is paid or cleared by the Courts. If you do, you may be arrested for driving whilst under suspension which is a criminal offence and will result in a conviction and it is always advisable to obtain legal advice.
A Court may order ‘restricted transactions’ and you will not be able to renew your registration or driver’s licence until the penalty is paid or cleared by the Court.
In the past people have believed that any demerit points will not be incurred until their fine is paid off completely if they have sought some form of relief ie: time payment options, this is not the case and upon entering into an agreement for relief, you are accepting responsibility for the offence(s) and any offence which attracts demerit points, will see you incur those as soon as any relief is granted and you will forfeit any ability to elect to be prosecuted.
FREE FIRST INTERVIEW
NO WIN NO FEE
LOCAL LAWYERS FOR LOCAL NEEDS
GET THE RIGHT LAWYER FIRST
Having such a short time frame I was very impressed with the outcome made by [my solicitor]. Excellent and timely manner
Very professional mannerism and overall great outcome was delivered by Websters Lawyers.
West Ryde NSW
Helpful, explained fully, patient, excellent service.
Patient and helpful in explaining the process.
Call Websters Lawyers for a most professional and friendly service. All understanding with [my solicitors] and the reception staff. Thank you so much.
Making my will was effortless on my part, with everything explained clearly. Well done to all.
Great service, professional, explains things clearly, definitely recommend Websters Lawyers.
Patient, professional, good communication about procedures and probable outcomes.
Thank you for all your work over the course of the case. You [both] were always very approachable and I appreciated your understanding and professionalism in all areas.
All in all my experience was great. Thank you for your time and expertise.
My matter was dealt with efficiently and was explained in an understandable language. A pleasant experience.
Practical and very helpful. Reasons and explanations given where needed
I stumbled across Websters in the Yellow Pages and I rang, explained my situation and immediately they took my case on. Greatly appreciate their services.
The service from Websters Lawyers was outstanding. [My solicitor] was caring, had patience and was very professional. Wonderful personality.
[My solicitor] made everything so simple to understand. [The receptionist] was wicked too, would recommend them anytime. Level of entire service was outstanding.
I had dealings with Websters over 20 years ago. They were my first choice when I recently needed legal advice. Both legal and office staff were professional, courteous and accessible at all times. Everything was explained up front in a clear and concise manner. I would not hesitate to recommend their services.
It has truly been a pleasure communicating with you throughout the process. I really appreciate your patient and speedy replies to my questions and requests. You were always able to provide an easily understood response and this helped me deal with the process. Your friendly and positive manner encouraged me to seek your advice.
Battery Hill QLD
[My lawyer's] service was prompt and efficient with all questions explained clearly with all our requests carried out within the laws. Overall service was very satisfactory.
[My lawyer] was excellent.
Excellent service. Professional. Clear advice and instructions. Prompt actions. Overall 10/10!
Overall, I was happy with my outcome and my lawyer, would definitely recommend [my lawyer].
[My solicitor] was excellent at helping us through preparing our wills which were particularly challenging as they involved assets in multiple countries. She was professional and knowledgeable and spent time tailoring the wills to our needs.
[My solicitor] was very helpful, respectful and polite. She made sure I understood the process and documentation of our wills.
Professional. Smooth Transaction.
I found the whole experience from Receptionist to Solicitor excellent. They completely put us at our ease.
This was a new experience for us and didn’t have a clue what to do. [Our solicitor] on our first visit put us at ease, explained what will happen, pointed out there was a strong case. [Our solicitor] was genuine in her approach, kept us well informed, explained actions several times with patience and understanding. Overall very happy with the service we received.
[My lawyer] was very reassuring in her approach to my case. I felt that every possibility in terms of evidence to provide and possible outcomes were explained to me, The result of the case was the best possible outcome I could have expected.
With no previous dealing with the criminal justice system, [our solicitor] gave us excellent advice and guided us through a nightmare to achieve a just and correct outcome. [Our lawyer] was both forthright and compassionate in her handling of our case.
[My lawyer] explained all the legal terms in language I could understand – she was very easy to talk to.
Cameron, Munno Para
I felt confident knowing my matter was in good hands. Very professional!
Shravan, Christie Downs
Initial phone call was fantastic and the role of an executor was fully explained.
Penny, Henley Beach
The service I received was efficient and promptly finalised. The solicitor clearly explained the details and I was happy with how easy it was.
Dale, Fairview Park
[My lawyer] was exactly the lawyer I needed in a serious matter. The outcome was as predicted which was a fantastic result. I received prompt professional and personal service at all times. Capable and supportive in a very stressful period.
Jason, Munno Para West
I had any of my concerns answered to my satisfaction and understanding.
Valda, Ingle Farm
[My lawyer] is an excellent professional lawyer who assisted in achieving a great positive outcome/result. I sincerely thank you and your great staff for your assistance and guidance throughout my claim. Would highly recommend [my lawyer], staff and Websters Lawyers. Kept fully informed and guided, professionally throughout the matter.
Our work was dealt with very efficiently and speedily. Our lawyer was very professional, at the same time as being approachable. Communication was great.
My experience with Websters Lawyers was far beyond what I expected. From the moment I spoke to [my lawyer] she made me feel very comfortable and eased my stress. In my case I had a court appearance the day before we were scheduled to fly to Spain, Considering my first appointment with her was only 2 weeks before the court hearing, she was able to obtain the police statement and thoroughly work on my case within that limited time frame. She was very knowledgeable, understanding and confident which greatly relieved so much pressure from me and my family. At court, she explained everything thoroughly and advised me of all the possible outcomes. Price, service and result, very highly recommended. Thank you Websters Lawyers.
Rafael, Davoren Park
I have high expectations and they were met. Websters service was swift, courteous, professional and met the agreed budget. I will recommend Websters to my family, friends and colleagues. Thank you.
I would recommend Websters Lawyers, especially for [my lawyer's] dedication and exemplary attitude and advice. She is the epitome of a good lawyer. The service was impeccable.
Pamela, West Lakes
[My lawyer] was very professional and I was made comfortable to understand.
I was very pleased with the end result and how well [my lawyer] conducted herself.
Jesse, Morphett Vale
[My lawyer] has been very prompt , reliable and provided a high level of communication.
My experience at Websters was very positive. The stress was taken from me and I could not be happier with the outcome. [My lawyer] at Websters was professional, personable, available and caring. Thank you for making the experience stress free.
Magda, Holden Hill
Found my lawyer upfront and reliable – I would highly recommend Websters Lawyers.
Lee, Evanston Park
Top bunch of solicitors and admin staff. Very friendly and to the point service.
Bradley, Hallett Cove
Websters Lawyers were very professional in their service, I would be happy to recommend them.
Carole, Tea Tree Gully
We would not hesitate in recommending Websters for any legal matter. They are professional and courteous at all times and call back when they say they will.
David and Dianne, Lockleys
I fully recommend Websters Lawyers. This was the 3rd time myself & my family have used Websters Lawyers. In these stressful times we have found them to answer and guide us through the process needed to accomplish the legal requirements in a timely and courteous manner.
Solid, to the point, no hustle. Highly recommend.
George, Windsor Gardens