Key Takeaways
- Individuals may qualify for special circumstances consideration if they were experiencing mental or intellectual challenges, addiction issues, family violence, or homelessness at the time of the offence.
- Before applying, individuals must accept responsibility for their offence, be prepared for at least one court hearing, and understand potential impacts on their driving records, including demerit points.
- Steps to apply include requesting a fines list from Fines Victoria, gathering supportive evidence from medical and support professionals, and submitting an enforcement review application.
- During court hearings, individuals must plead guilty, prove special circumstances, and show accountability, with the magistrate deciding on outcomes such as fines dismissed, adjourned undertakings, or reduced fines.
- If special circumstances are rejected, individuals can request an adjournment to gather more evidence, with potential outcomes including aggregate fines or conditions on an adjourned undertaking.
Managing fines under special circumstances can be challenging, but with the right preparation and legal advice, you can achieve a fair resolution. This guide outlines the process for applying under special circumstances, what to expect in court, and the potential outcomes.
What Qualifies as Special Circumstances?
You may be eligible for special circumstances consideration if, at the time of the offence, you were experiencing:
- Mental or Intellectual Challenges: Disabilities, disorders, or illnesses that affected your judgment.
- Addiction Issues: Dependency on drugs, alcohol, or volatile substances.
- Family Violence: Being a victim of domestic abuse.
- Homelessness: Experiencing a lack of stable housing.
Key Considerations Before Applying
Acceptance of Responsibility
- You must acknowledge the offence. If unsuccessful, a guilty plea will result in a criminal record.
Court Appearances
- Be prepared to attend at least one hearing to resolve penalties.
Impact on Driving Records
- Demerit points for driving offences may apply, potentially leading to licence suspension.
- VicRoads may request a fitness-to-drive assessment if your circumstances raise safety concerns.
Toll Fine Fees
- Toll-related offences incur a $40 administrative cost per fine, even if other penalties are waived.
Steps to Apply for Special Circumstances
1. Request a Fines List
- Contact Fines Victoria to obtain a list of unpaid fines. This process may take several weeks, but some fines can be accessed online.
2. Gather Supporting Reports
- Collect evidence from:
- Medical professionals (GPs, psychologists).
- Support workers (social workers, counsellors).
- Family violence or housing support staff.
3. Submit an Enforcement Review Application
- Apply to Fines Victoria for enforcement review, requesting cancellation of fines under special circumstances.
- Use sample letters provided by Victoria Legal Aid or other legal resources.
Preparing for Court
Plan Ahead
- Arrange time off work, organise childcare, and consider bringing a support person.
Gather Documentation
- Collect all previously submitted evidence, including medical and support letters.
Familiarise Yourself with Court Procedures
- Review resources like Your Day in Court to understand what to expect.
What Happens During the Hearing?
Pleading Guilty
- You must formally admit to the offence, showing accountability for your actions.
Prove Special Circumstances
- Present evidence that:
- You could not control your actions.
- You did not understand the legality of your actions due to your circumstances.
Outcome
- The magistrate or registrar will review your case and decide on one of the following:
- Offences Proven and Dismissed: No fines or further action required.
- Adjourned Undertaking: No fines, but conditions such as good behaviour or treatment apply.
- Reduced or Aggregate Fine: A single reduced fine covering all offences.
- Conviction: Rare if special circumstances are proven. You can request no conviction to minimise impacts.
Communicating in Court
- Show Respect: Stand when addressed and use “Your Honour.”
- Speak Clearly: Avoid rushing and be concise.
- Engage Respectfully: Maintain eye contact and avoid reading notes verbatim.
Additional Penalties
Demerit Points
- Automatically applied for driving offences by VicRoads.
Toll Company Fees
- $40 administrative fees per toll-related offence.
Driver Assessments
- VicRoads may require a driving assessment to ensure road safety.
If Special Circumstances Are Rejected
Request an Adjournment
- Seek more time to gather additional evidence, such as updated medical reports.
Proceed Without Additional Evidence
- If you choose not to adjourn, the court will decide based on existing information. Likely outcomes include:
- Adjourned undertaking with conditions.
- Aggregate fine for all offences.
Key Legislation
- Infringements Act 2006
- Road Safety Act 1986
- Magistrates’ Court Act 1989
- Fines Reform Act 2014
- Sentencing Act 1991
- Charter of Human Rights and Responsibilities Act 2006
Resources and Support
- Victoria Legal Aid: Guides, sample letters, and legal support.
- Fines Victoria: Application processes and fine details.
- VicRoads: Information on demerit points and driver assessments.
- CityLink and EastLink Toll Regulations: Administrative fees for toll-related offences.
Conclusion
The special circumstances application process provides an opportunity to address fines in a way that considers your unique situation. Being well-prepared, gathering strong evidence, and seeking legal advice can lead to reduced penalties or dismissals. For further assistance, consult the listed resources or reach out to Pentana Stanton Lawyers for expert legal guidance.
Contact Us Today for a consultation with our experienced legal team.
