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Objecting to an infringement conviction

Information about objecting to an infringement conviction.

What is an infringement conviction?

An infringement conviction is an infringement notice that becomes a conviction for the offence that is specified in the infringement notice. Offences that can be infringement convictions are:

  • excessive speed
  • drink driving
  • drug driving.

This means that if the driver gets an infringement notice for one of these offences and does not object, the offence will appear on their criminal record without the court making a decision unless the person objects.

How to object

A person who gets an infringement for one of these offences has 28 days to object. Objections must be in writing and must:

  • state that the person refuses to pay the penalty
  • ask that the matter be dealt with by a court, and
  • state whether the person intends to defend the charge arising out of the facts specified in the infringement notice.

See s. 89A—Infringements Act 2006 (Vic).

If another person was driving

If a person gets an infringement for an excessive speed offence and they were not driving at the time of the offence, they must let the enforcement official know about this within 21 days to avoid a conviction.

The vehicle owner/operator will have to make:

  • an illegal user statement
  • a sold vehicle statement, or
  • a known user statement.

See Nominating another driver.

If found guilty in court

If a person is subsequently found guilty of the alleged offence the court must take into account any period of suspension, disqualification or cancellation resulting from the issuing of the infringement conviction.

More information

Legislation

Road Safety Act 1986 (Vic)

  • 89A—effect of drink-driving infringements, drug-driving infringements and excessive speed infringements

See Road Safety Act 1986 (Vic).

Criminal Procedure Act 2009 (Vic)

  • s. 3—defines an 'infringement conviction'

See Criminal Procedure Act 2009 (Vic).

Updated