You can go to the Magistrates’ Court to challenge a fine if:
- you do not think you broke the law
- it was not you who broke the law, it was someone else
- you believe you should not have to pay the full amount.
You can apply to court any time until the infringement is registered with Fines Victoria. It is important to get legal advice before you choose this option.
If you want to go to court, write to the agency to tell them as soon as possible.
What happens at the Magistrates’ Court?
If you go to court for a fine, then you will need to decide if want to plead guilty to the offence.
If you choose to plead not guilty, then that means that you want to contest the fine and there will be a hearing before a magistrate. The magistrate will decide whether or not the evidence shows that you are a guilty of the offence. You should get legal advice before deciding to contest a fine.
If you plead guilty, or you are found guilty by a magistrate after a hearing, then the magistrate will decide how to sentence you. How the magistrate sentences you will depend on your personal circumstances as well as the situation in which you got the fine. If your matter ended up in court following a special circumstances application to Fines Victoria, then the material you gathered for your application may be relevant to how the magistrate sentences you.
The magistrate may:
- Dismiss the charge against you.
- Order you to make a payment to the court.
- Depending on your circumstances, this amount may be more or less than the original amount of the fine you received.
- If the fine was issued for a driving offence, your license may be cancelled or suspended. For some offences, such as excessive speed offences and drink/drug-driving, the magistrate must cancel your license.
- Record a conviction against you.
If the court orders you to pay, you can ask for the amount you owe to be converted to a community-based order. Ask the court registrar at the Magistrates’ Court to apply. You must agree to the conditions of the order. You must also have enough free time to do the community work.
If you plead guilty or are found guilty, then it will not normally appear on a Victoria Police criminal record check, unless the magistrate records a conviction against you. Even if the magistrate does not record a conviction, the finding of guilt may still be disclosed in some situations (e.g., driving offences will form part of your VicRoads history). Learn more about criminal records.
You should get legal advice before going to court for a fine.
Learn more about criminal hearings in the Magistrates’ Court.
Other support
Find out how you can get other support for fines and infringements.
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