How To Legally Challenge A Red Light Camera Fine

How can you challenge a red light camera fine?

Challenging a red light camera fine can be a difficult exercise. Photos generally do not lie.

However, there are other ways that you can avoid a penalty and loss of demerit points in challenging a red light camera fine.

Red light cameras are in use across New South Wales roads. If you have recently received an infringement notice in the mail, there are a number of avenues that you could take to challenge the penalty.

Your options in challenging a red light camera fine

You could dispute the fact that the incident occurred at all, or you could argue that there were extenuating circumstances as to why you drove through the red light.

Alternatively you could accept the allegation but dispute the fine or demerit points.

How do red light cameras work?

Red light cameras are connected to traffic lights, if your vehicle crosses the white stop line after the light turns red, then the camera is activated. The camera will not activate while the lights are green or amber.

If activated the red light camera will take two photographs of the rear of your vehicle to capture your number plate.

The penalty for a red light camera infringement

The penalty for a red light camera infringement is $405 and 3 demerit points.

For more information on other driving offences please click here.

Disputing that the incident occurred, or “Pleading Not Guilty”.

In challenging a red light camera fine, you could dispute the facts of what occurred or if you can attempt to prove that a mistake had been made. It is presumed that red light cameras are accurate so it is in your best interest to contact experienced traffic lawyers to handle your case for you.

Should you choose to challenge the infringement, you have two options:

  1. Contact the RMS and ask for a review of your case; or
  2. Fill in the “court election notice” on the fine and take the matter to court to be heard before a Local Court Magistrate.

For example, if there were extenuating circumstances that meant you had to travel through a red light then this may also be grounds for challenging the infringement notice. For Example if a car was tail-gating you so closely that if you had stopped it would have caused an accident to occur then there is a possibility that the penalty may be dropped.

Disputing the penalty, or “Pleading guilty with an explanation”

If you accept the allegations you can also dispute the penalty that has been handed out. You can do one of the following:

1.         Ask for a review of the penalty and leniency through the RMS;

2.         Fill in the court election notice and have the matter heard before a Magistrate.

If you appear in court and would like a Magistrate to hear your explanation, you have the option of asking for a “Section 10”. If successful, you can avoid a fine and the loss of demerit points that apply.

For more information on Section 10, and to see case studies where we have achieved Section 10s for others, click here.

A license suspension can create serious problems for you in your personal and work life. Gaining the services of an experienced traffic lawyer can show that you are serious about the matter, whilst lawyers will have the know-how and experience to deal with the situation in the best manner possible, giving you the best opportunity to achieve a desirable outcome.

If you or anyone you know is looking at challenging a red light camera fine, then call LY Lawyers, the Criminal and Traffic Law  experts.  1300 595 299.