Essentially in relation to traffic laws, you will be provided with an Infringement Notice or Notice to Appear for any traffic offence unless you are able to show an extraordinary emergency. Even in extraordinary emergencies you may be issued with an Infringement Notice or charged and there are steps you will be required to take to show that you were in circumstances that were an extraordinary emergency.

 For example relation to an offence of speeding, if you’ve received a speed camera fine while you were acting under a sudden or extraordinary emergency there are some steps you will be required to take in relation to such infringement notice. 

The documentary evidence that will be required will be the following: 

  • The name and address of the doctor who administered treatment;
  • The nature of the illness;
  • The date and time treatment was administered; and
  • The circumstances that support the sudden or extraordinary emergency.

You will be required to include the details of the infringement notice, namely, the infringement notice number, your name, forwarding address details and other relevant details. The claim will then be reviewed and you will be notified if the material provided was an extraordinary emergency. 

However, if charged with an offence that you must attend Court for, the law provides that a person is not criminally responsible for an act or omission done or made under such circumstances of sudden or extraordinary emergency that an ordinary person possessing ordinary powers of self-control could not reasonably be expected to act otherwise.

If you have a defence then in most cases you will need to take the charge (such as a disqualified driving charge) to trial to be found not guilty. There are occasions whereby it is possible to make a submission to Police Prosecutions to attempt to have the matter resolved prior to a Trial. If the matter proceeds to Trial you will be before a Magistrate, not a jury in the summary Court. If you are found not guilty based on the defence of extraordinary emergency the matter will be finalised without any penalty or recording of a conviction. However, if you are found guilty of the offence the Magistrate will impose a penalty depending on the circumstances of the offending and your background.

Our team specialise in criminal defence. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.