Received a Traffic Fine in Melbourne? Ignoring it Is Your Worst Option

As expert traffic lawyers in Melbourne, we've seen firsthand how a small issue can become a life-disrupting crisis. This guide will walk you through the entire lifecycle of a traffic fine in Victoria, explaining what happens at each stage and, most importantly, how you can take back control.

Table of Contents

1. The First Step: Understanding Your Infringement Notice

2. Penalty Reminder Notice

3. The Escalation: Penalty Reminder Notice of Final Demand

4. The Critical Stage: The Enforcement Warrant

5. 7 Day Notice and beyond

6. Your Path Forward: How a Traffic Lawyer Can Intervene

7. Frequently Asked Questions About Victorian Traffic Offences

The First Step: Understanding Your Infringement Notice

When you first receive a traffic or toll fine, it's called an Infringement Notice. This document will detail the alleged offence, the fine amount, the demerit points (if any), and the due date for payment.

At this initial stage, you generally have three options:

• Pay the fine: This resolves the matter, but you will incur the demerit points associated with the offence.

• Request an internal review: If you believe there was a mistake or you have exceptional circumstances, you can apply for a review with the issuing agency (e.g., Victoria Police, a local council).

• Nominate the responsible driver

• Elect to go to court: If you wish to challenge the infringement, you can have the matter heard in the Magistrates' Court.

Actionable Tip: Do not ignore this first notice. The due date is critical. Missing it is what triggers the next, more serious phase of the process. If you are unsure how to proceed, this is the ideal time to seek legal advice.

The Escalation: The Notice of Final Demand

If you fail to act on the initial Infringement Notice, the matter is passed on to Fines Victoria. They will then issue a Notice of Final Demand. This is a serious escalation.

What this means:

• Additional Fees: Significant extra costs are added to the original fine amount.

• Formal Deadline: You are given a strict new deadline to resolve the outstanding amount.

• The Threat of a Warrant: The notice will clearly state that failure to comply will result in an Enforcement Warrant being issued against you.

This is the last stop before the Sheriff gets involved. It is your final opportunity to arrange a payment plan, apply for a review on specific grounds (like family violence, homelessness and special circumstances), or seek legal help before the consequences become severe.

The Critical Stage: The Enforcement Warrant

Once a Notice of Final Demand is ignored, Fines Victoria can issue an Enforcement Warrant. This gives a Victorian Sheriff the legal authority to take action against you to recover the debt. This is where things can get incredibly stressful and disruptive.

A Sheriff's powers include:

• Detention and Sale of Property: The Sheriff can seize and sell your personal property to cover the debt.

• Wheel Clamping: Your vehicle can be clamped, preventing you from driving it until the matter is resolved.

• Licence Suspension: Your driver's licence and vehicle registration can be suspended or cancelled.

• Arrest: In certain circumstances, the Sheriff has the power to arrest you, and you may be brought before a court and ordered to complete community work or even face imprisonment.

• Arrange a payment plan

An Enforcement Warrant is not a mere threat; it is a legal instrument with real-world power.

Your Path Forward: How a Traffic Lawyer Can Intervene

Being issued an infringement warrant is an exceptionally stressful situation, but you still have options. This is where engaging expert traffic lawyers becomes critical. A skilled lawyer can assess your situation and act immediately on your behalf, limiting financial impact and longer term problems.

Here’s how we can help:

• Application to Revoke: We can apply to have the enforcement order revoked, which essentially takes the matter back to the initial infringement stage, giving you a chance to deal with it properly, often by having it heard in court.

• Negotiating with Authorities: We can communicate directly with Fines Victoria and the Sheriff's office to negotiate a hold on enforcement action while your case is reviewed.

• Court Representation: If your case goes to court, we provide expert representation to defend the charge, argue for a reduction in penalties, or seek the most favourable outcome possible.

• Strategic Advice: We explain your options in plain English, helping you make an informed decision that protects your licence, your finances, and your freedom.

The earlier you seek advice, the more options you have available.

Frequently Asked Questions About Victorian Traffic Offences

1. Can I just ignore a toll road fine? They don't have demerit points. 

No. While many toll fines don't carry demerit points, ignoring them will lead to the exact same enforcement process: a Notice of Final Demand and eventually an Enforcement Warrant with all the associated powers.

2. How long do I have to pay a traffic fine in Victoria? 

Typically, you have 28 days from the date the Infringement Notice is issued. If you miss this, you will be given another 21 days upon receiving a Notice of Final Demand before a warrant is issued.

3. What happens if I get a Notice of Final Demand but can't afford to pay? 

You should contact Fines Victoria immediately. You may be eligible for a payment plan or an extension. However, seeking legal advice is wise to ensure you understand all your options, including applying to have the matter heard in court, where a Magistrate can implement a payment order.

4. Can a lawyer really get me out of a traffic fine? 

A lawyer can't make a legitimate fine disappear, but we can ensure the process was followed correctly. We can identify legal defences, argue for leniency based on your circumstances, and in many cases, help you avoid a conviction or licence loss.

5. Is it worth hiring a lawyer for a minor traffic offence?

If the offence puts your driver's licence at risk, could impact your employment, or if you believe you are not guilty, then yes. The long-term cost of losing your licence often far outweighs the cost of getting expert legal advice early.

Don't Wait Until It's Too Late

Ignoring a traffic fine is a gamble that never pays off. The consequences escalate quickly, turning a manageable problem into a legal crisis. Taking prompt, informed action is the only way to protect your interests.

If you have received a traffic infringement, a Notice of Final Demand, or have an active Enforcement Warrant, it is critical to get advice immediately. To understand your specific options and how we can help, we encourage you to contact us or learn more at our dedicated Traffic Law page.