Navigating Myki & speeding fines: Should you take it to court?

Navigating Myki & speeding fines: Should you take it to court?

The RMIT Student Legal Service unveil the legal risks and options of electing to have your fine be heard in court.

Have you been issued a Myki or speeding fine and you're thinking about electing for it to be heard in court? The RMIT Student Legal Service share the risks, options and court process so you can make the best decision.

What should I do before electing to go to court? 

Before making this important decision, it's important to seek legal advice from a lawyer who can help you determine the best course of action in your situation. 

What are the legal risks involved in taking my fine to court? 

Risks involved in taking your fine to court include: 

  • Potentially receiving a larger fine;  
  • Potentially receiving a larger licence suspension time;
  • Being required to pay court costs; or 
  • Having a court record or conviction recorded against your name. 

How long will it take for my court date?

Due to a backlog in the court system, it could take several months, and in certain instances, more than a year, for your matter to be scheduled for a court hearing. 

What going to court looks like

Your fine will be withdrawn and you will be issued with a Charges and Summons to the Magistrates’ Court instead. You will be allowed to explain your side of the story to a Magistrate. The Magistrate will then decide whether you are guilty of the offence and the penalty.

The Magistrate has the power to award a smaller or larger fine. The Magistrate has the power to increase any licence suspension time, however cannot reduce the mandatory licence loss times for speeding and drink drive offences.

Untitled design - 1 It's important to seek legal advice from a lawyer before electing to have your fine heard in court.

What are my other options besides going to court? 

  1. Pay the Fine: You can choose to pay the fine as issued. 
  2. Request an Extension or Payment Plan: Seek an extension of time to pay the fine or request a payment plan to make it more manageable. 
  3. Apply for Fine Revocation or Waiver: You can apply to have the fine revoked or waived based on special circumstances such as homelessness, drug addiction, intellectual disability, or mental illness. 
  4. Apply for Fine Revocation Based on Exceptional Circumstances: If you're experiencing financial hardship for example, you can apply to have the fine revoked on these grounds. 
  5. Work off the Fine: If eligible, you can apply to work off the fine through the Work and Development Permit scheme through attending class at RMIT. 
  6. Family Violence Scheme: Apply for the fine to be withdrawn under the Family Violence Scheme.

Keep in mind that the best course of action depends on your individual circumstances, so seeking legal advice is crucial before making a decision. If you're an RMIT student, you can reach out to the RMIT Student Legal Service for assistance.  

25 August 2023

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