SNH Case Studies: $35,000 in toll fines

$35,000 in toll fines

Written by Jarrod Behan (WerribeeOffice) 

Recently a middle aged woman had incurred over $35,000 in toll fines which manifest into warrants for her arrest, and were listed in the infringements division of the Magistrates' Court.
$35,000 can be translated into 224 days imprisonment or 1,167 hours of community work. These infringements were incurred as a result of her son driving her vehicle and not paying the fines when they were provided to him by his mother, the owner of the vehicle and the person responsible. A successful argument to the court with respect to their powers under the infringements act resulted in these fines being wiped in their entirety, and after evidence was called and matters put to the court. It is worth noting that in order to discharge these fines it is not necessary to demonstrate that an infringement offender has a mental or intellectual impairment, disorder, disease or illness but there are other considerations for the court to have regard to which empowers them to discharge fines in full. An individual's circumstances both relating to the infringements but also more generally, are required to be investigated. Careful and thorough preparation is required in these cases as whilst the categories of personal matters are not closed it is not an easy test to meet.


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