By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.

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A traffic infringement notice in the ACT gives you three clear options: pay the fine, request an internal review, or elect to have the matter heard in court. You have 28 days from the date of service to decide, and choosing the wrong option can cost you hundreds of dollars in additional penalties or court costs. The ACT's internal review process can reduce or dismiss fines, but only if you understand the proper grounds for appeal and present your case correctly.

Do You Need a Lawyer?

Most traffic fine appeals in the ACT don't require a lawyer for the internal review process - this is designed for self-representation. However, you absolutely need legal help if you're considering electing to go to court, especially for serious offences like speeding over 30km/h, negligent driving, or cases involving licence suspension.

Without a lawyer, you risk paying the original fine plus court costs (typically $200-500) if you lose in the ACT Magistrates Court. A lawyer can assess whether you have genuine grounds for appeal, help you navigate the internal review process effectively, or represent you in court if prosecution is likely.

Get legal help immediately if: your licence is at risk of suspension, you're facing demerit points that could affect your employment, the fine is over $500, or you believe the infringement was issued in error. Call 1300 636 846 now for immediate advice.

What Happens Next - The Process

The ACT traffic infringement appeal process follows these specific steps:

  1. Check your 28-day deadline: Count from the date of service shown on your infringement notice - this is non-negotiable in the ACT
  2. Choose your option: Pay online, request internal review, or elect to go to court by completing the back of the infringement notice
  3. Internal review submission: Send your written request to ACT Revenue Office, GPO Box 158, Canberra ACT 2601, including your reasons and any evidence
  4. Review assessment: ACT Revenue Office has 90 days to respond with their decision to confirm, reduce, or withdraw the infringement
  5. Court election process: If you elect court, you'll receive a court attendance notice for the ACT Magistrates Court within 6-8 weeks
  6. Court hearing: Attend the ACT Magistrates Court at 4 Knowles Place, Canberra, where police must prove the offence beyond reasonable doubt
  7. Final outcome: Court can dismiss charges, impose the original penalty, or increase penalties up to the maximum court penalty

Time is critical - missing the 28-day deadline means you lose all appeal rights and face additional penalties. Don't wait until day 27 to act.

The Law in Australian Capital Territory

Traffic infringement appeals in the ACT are governed by the Road Transport (General) Act 1999 and the Magistrates Court Act 1930. The legislation provides specific grounds for internal review and court challenges.

Internal Review Grounds under ACT law:

  • Contrary to law (incorrect application of road rules)
  • Unreasonable in the circumstances (emergency situations, medical emergencies)
  • Mistake of identity (wrong person or vehicle identified)
  • Technical defects in the infringement notice
  • Exceptional circumstances (family emergency, avoiding accident)

Common ACT traffic penalties include:

  • Exceeding speed limit by 15km/h or less: $257 fine, 1 demerit point
  • Exceeding speed limit by 30-45km/h: $514 fine, 4 demerit points
  • Mobile phone use while driving: $514 fine, 3 demerit points
  • Disobeying traffic lights: $385 fine, 3 demerit points
  • Not wearing seatbelt: $385 fine, 3 demerit points

The Magistrates Court can impose maximum penalties up to $3,200 for most traffic offences, significantly higher than infringement notice amounts. Court costs of $61-$200 apply to unsuccessful defences.

Mistakes to Avoid

Missing the 28-day deadline by even one day: We see this constantly - people assume they can negotiate after the deadline expires. The ACT Revenue Office has no discretion to accept late applications, and you'll face enforcement action including wheel clamping or licence suspension.

Requesting internal review without proper grounds: Saying "I can't afford the fine" or "I didn't mean to speed" are not valid legal grounds. The review officer needs evidence of mistake, emergency circumstances, or legal defects in the infringement process.

Electing court without understanding the risks: Many people think court is automatically better than paying the fine. In reality, you can end up paying the original fine plus court costs, and maximum court penalties are often 3-5 times higher than infringement amounts.

Providing inconsistent or conflicting information: Your internal review submission becomes evidence if the matter later goes to court. Changing your story or providing contradictory explanations destroys your credibility and undermines any defence.

Not considering demerit point accumulation: Focusing only on the fine amount while ignoring demerit points is dangerous. In the ACT, 12 demerit points means automatic licence suspension, which can be far more devastating than paying the original fine.

These mistakes cost our clients thousands of dollars and months of legal complications. Get advice before making these irreversible decisions.

Likely Outcomes and Costs

Internal Review Success Rates: Properly prepared internal reviews succeed in approximately 15-25% of cases in our experience. Success is highest for technical defects, emergency circumstances, and cases involving incorrect vehicle identification.

Court Election Outcomes: Going to court is high-risk. You face:

  • Original fine plus $61-$200 court costs if found guilty
  • Potential maximum penalties (often 3-5 times the infringement amount)
  • Criminal conviction for some serious traffic offences
  • Legal costs of $1,500-$5,000 if you hire representation

What a lawyer can achieve: Professional legal representation increases your success rate significantly. We can identify technical defects you'd miss, present evidence effectively, and negotiate with prosecutors. For serious matters, this often means the difference between keeping your licence and losing it.

Realistic timeframes: Internal reviews take 60-90 days. Court matters typically resolve within 3-6 months, but can take longer if you contest the charges. During this time, your licence remains valid (unless separately suspended), but demerit points may still apply.

Cost-benefit analysis: For fines under $300 with minimal demerit points, paying may be most economical. For fines over $500, licence-threatening matters, or cases with clear legal defects, fighting makes financial sense.

How Go To Court Lawyers Can Help

Go To Court Lawyers has defended thousands of traffic infringement cases across the ACT since 2010. Our 800+ lawyers nationally include ACT traffic law specialists who appear in the ACT Magistrates Court daily and understand exactly how local magistrates approach these cases.

We provide immediate help through:

  • Fixed-price $295 initial consultation to assess your case and options
  • Complete internal review preparation and submission
  • Full court representation with experienced ACT traffic lawyers
  • 24/7 legal hotline 1300 636 846 for urgent enquiries
  • Online booking at gotocourt.com.au/book for fast appointments

Our track record speaks for itself: 4.5-star rating from 780+ client reviews, with specialist knowledge of ACT traffic laws, local court procedures, and successful defence strategies that work specifically in Canberra.

Don't risk your licence or pay unnecessary fines and court costs. Your 28-day deadline is approaching fast - call 1300 636 846 now for immediate advice, or book online at gotocourt.com.au/book to secure your legal options before it's too late.

Time is running out. Call 1300 636 846 now or request urgent help online. Our ACT traffic lawyers are ready to fight for the best possible outcome in your case.

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Frequently Asked Questions

Can I request an internal review after the 28-day deadline in ACT?

No, the 28-day deadline is absolute in the ACT. The Revenue Office has no discretion to accept late internal review applications, even by one day. Missing this deadline means you can only pay the fine or face enforcement action including licence suspension.

What happens to my demerit points during an internal review or court case?

Demerit points are typically applied immediately when the infringement is issued, even during appeals. However, if your internal review succeeds or you're found not guilty in court, the demerit points will be removed from your record. Check with ACT Revenue Office if you're approaching the 12-point suspension threshold.

Is it worth electing to go to court instead of paying a traffic fine in ACT?

Court election is high-risk and only worthwhile if you have strong grounds for defence. You risk paying the original fine plus court costs ($61-$200) if found guilty, and maximum court penalties are much higher than infringement amounts. Get legal advice before electing court.

How long does the ACT internal review process take?

ACT Revenue Office has up to 90 days to complete internal reviews, though most decisions are made within 60 days. During this time, you don't need to pay the fine, and enforcement action is suspended. You'll receive a written decision confirming, reducing, or withdrawing the infringement.

Can I appeal an internal review decision if I'm not satisfied with the outcome?

No, there's no further appeal from an internal review decision. Your only remaining option is to elect to have the original infringement heard in the ACT Magistrates Court, but this carries significant risks including higher penalties and court costs if unsuccessful.

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