Court Elect Traffic Fines

Court Elect a Traffic Fine in NSW: Should You Take Your Fine to Court?

In NSW you can court elect a traffic fine by asking Revenue NSW to have the penalty notice decided by the Local Court instead of paying it, provided you apply before the due date on your reminder notice. A magistrate then decides guilt and penalty, which can mean a section 10 dismissal with no demerit points, but also a higher fine, court costs and a conviction.

Reviewed by Sam Saadat, Principal Lawyer, Invictus Legal. Last reviewed: 7 October 2026

How do I court elect a traffic fine in NSW?

You apply to Revenue NSW online, by form or in writing before the due date on your fine reminder notice.

Under sections 23A, 35 and 36 of the Fines Act 1996 (NSW), you can elect to have the matter dealt with by a court instead of paying. Once a reminder notice is issued, you must elect by its due date (s 36(2)). You can apply:

• Online through Revenue NSW's fines portal;

• By form (individual or organisation); or

• By post to Revenue NSW, PO Box 786, Strawberry Hills NSW 2012.

If the due date has passed and an enforcement order has been made, you can ask Revenue NSW to withdraw it within a reasonable time, for example because you did not know about the fine or were hindered by illness or misadventure; if it is withdrawn and you dispute the fine, it goes to the Local Court (s 47). Paying records the demerit points and, for speeding more than 30 km/h over, allows Transport for NSW to suspend your licence. If you paid in full, you can still elect within 90 days of the penalty notice, and the points are reversed (s 23A).

Should I ask for a review before going to court?

A review by Revenue NSW is usually quicker than court, but it only suits a genuine mistake or special circumstances.

You can apply for a review under section 24A of the Fines Act if you believe a mistake was made (such as the wrong vehicle or wrong driver nominated), or special circumstances led to the offence. The fine must be withdrawn if, for example, it was issued contrary to law or a caution should have been given (s 24E(2)). If you have held a NSW licence for 10 years with a clear driving record, you may be eligible for a caution for a lower-risk offence. Revenue NSW says these cautions are generally not available for speeding more than 20 km/h over, school zone, mobile phone, heavy vehicle or non-demerit offences.

Revenue NSW says a review usually takes about 21 days, with your fine on hold; the law allows up to 42 days (s 24E(4)). The outcome may be that the fine stands, a caution, or cancellation. If the fine is confirmed, you receive a new reminder notice and can still elect court by its due date (ss 24F, 36(2)).

What happens at the Local Court after I court elect?

Revenue NSW issues a Court Attendance Notice with your court date, and the case proceeds as if no penalty notice had been issued (s 37).

You must enter a plea of guilty or not guilty, either in person or by written notice before your first mention date. If you plead guilty, the magistrate decides the penalty. If you plead not guilty, the matter is set down for a hearing where the prosecution must prove the offence. See our defended hearings page.

What are the risks of taking a traffic fine to court?

The court is not limited to the amount on your fine, so you could end up worse off.

• A higher fine: the court can impose a fine higher than the penalty notice amount.

• Court costs: you may have to pay legislated court costs and, in some cases, prosecution costs.

• A criminal conviction is possible for some traffic offences.

• Demerit points and disqualification: if you are convicted, demerit points are recorded and some offences carry automatic licence disqualification. For example, a conviction for speeding more than 30 km/h over carries an automatic 3-month disqualification, or 6 months for more than 45 km/h over.

• No turning back: once the court election is accepted, it cannot be stopped.

Can I get a section 10 dismissal for a traffic fine?

Yes. A magistrate can find the offence proven but dismiss the charge without recording a conviction under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW).

If the court makes a section 10 order, Transport for NSW must not record demerit points for that offence. A strong driving record, character references and evidence of genuine need for your licence all help. See our sentencing and penalties page.

What if I was not the driver?

If you were not driving, you should nominate the person who was rather than going to court.

For camera-detected offences, the registered owner can transfer the fine and demerit points to the responsible driver online or by a signed and witnessed statutory declaration. A false nomination is a serious offence that can lead to further fines and licence restrictions. If you have been wrongly nominated by someone else, you can ask Revenue NSW for a review.

When is it worth going to court for a traffic fine?

Going to court is usually worth considering when the demerit points or a suspension would cost you your licence, or when you have a genuine defence.

It is often worthwhile if:

• the demerit points would take you over your limit, or you are on a good behaviour licence;

• you were caught speeding more than 30 km/h over and a Transport for NSW suspension would follow payment (see speeding offences);

• you have a long, clean driving record and a real need for your licence; or

• you dispute that the offence happened, or the evidence is unreliable.

It is usually not worthwhile where your traffic record is poor, the offence is serious, and a section 10 is unrealistic, because you risk a higher penalty plus costs. We will give you a candid assessment before you commit.

Experienced traffic lawyers in Local Courts across Sydney and NSW

Invictus Legal specialises in traffic and criminal law. We appear in Local Courts across Sydney and NSW, including the Downing Centre, Parramatta, Burwood, Newtown, Bankstown and Sutherland Local Courts, and in the District Court on appeals. Visit our traffic law hub for help with other traffic matters.

What does it cost?

Fees for traffic matters are determined by the scope of work involved, and we issue a costs agreement before we commence any work, so you have full transparency from the start. The main factor is whether you plead guilty and seek a section 10, or defend the charge at a hearing.

Frequently asked questions

How long do I have to court elect a traffic fine in NSW?

Once a penalty reminder notice has been issued, you must elect by the due date on that notice (Fines Act 1996 (NSW) s 36(2)). If you paid the fine in full before any reminder, you can still elect within 90 days of the penalty notice (s 23A). If the due date has passed and an enforcement order has been made, you may be able to have it withdrawn, for example if you did not know about the fine or were hindered by illness or misadventure (s 47).

Can I change my mind after electing to go to court?

Generally, no. Revenue NSW says that once your court election is accepted and a Court Attendance Notice is issued, it cannot be withdrawn, and the case then proceeds as if the penalty notice had never been issued (Fines Act 1996 (NSW) s 37). Think carefully and get advice before you elect.

Can the court give me a bigger fine than the penalty notice?

Yes. The court is not limited to the penalty notice amount and can impose a higher fine. You may also have to pay court costs and, in some cases, prosecution costs, and a conviction and demerit points can follow if you are convicted.

Should I ask Revenue NSW for a review or go straight to court?

A review under section 24A of the Fines Act 1996 (NSW) suits a genuine mistake or special circumstances, and a driver with 10 years of clear driving may be eligible for a caution for a lower-risk offence. Cautions are generally not available for speeding more than 20 km/h over, school zone or mobile phone offences. If you apply for the review by the reminder due date, you can still elect court while it is under way, and if the fine is confirmed you get a new reminder notice and can elect by its due date (ss 24F, 36).

Do I get demerit points if the court gives me a section 10?

No. Under section 31(4) of the Road Transport Act 2013 (NSW), Transport for NSW must not record demerit points for an offence where the court makes a section 10 order. A section 10 means the charge is dismissed or you are discharged without a conviction being recorded.

Speak to a traffic lawyer before you court elect

Call our office on 02 8553 0500, or our emergency line on 0410 600 230 for urgent matters, such as if your licence has just been suspended or you have court tomorrow. You can also book online.

This page is general information only and is not legal advice. Contact Invictus Legal to discuss your situation.