What to do if your court location is too far away?
A common problem faced by truck drivers defending Heavy Vehicle National Law (HVNL) charges is the practicality of dealing with proceedings at a court located a long way from their home.
The problem arises because prosecutions are allocated to the nearest court house to where the alleged offence happened. Since truck drivers’ work has them travelling long distances, more often than not they find themselves being sent to a court that’s hours from home or even in another state.
This adds an extra hurdle for truck drivers wanting to have their day in court. Often travelling to court means missing several days of work and paying for transportation and accommodation. It’s not uncommon for the cost of all this to be more than the possible fines you’re facing.
The problem has deepened since COVID. During outbreaks there’s often uncertainty about whether people can and should be travelling long distances for court, and whether they will be allowed into the complex once they arrive.
So what are you options if you receive a Court Attendance Notice to attend a distant court house? It will depend what your plan is for the case.
Unfortunately, if you are pleading ‘not guilty’ then the case will usually have to remain at the original court house.
However, in New South Wales if you are pleading guilty but would like the opportunity to explain your side of the story and request leniency then there are several options.
Move the case
It’s usually possible to move a case to a closer location if the person is pleading guilty. The one caveat is that the case can’t be moved interstate.
This is because each state has its own court system and cannot take over cases from other states. If your case is interstate, you might consider asking for it to be moved to a location that is easier for you to get to, for example closer to the border or near the main airport.
To request a transfer of location you should call or send an email to the court registry explaining why you are requesting the transfer.
Written plea
You can send a letter to the court indicating your guilty plea and explaining what you would like the magistrate to know about your case. While this is an easy way to deal with a matter, it’s not always the best option. The magistrate may have questions about your case. If you’re not present you can’t clear up any problems.
So while this can be a good option for very simple cases, if you’re facing large fines or demerit points it’s usually better to be present.
Send a lawyer
In many cases magistrates will allow your lawyer to present your case on your behalf if there is a good reason why you can’t attend. This can be a useful middle ground; you have a representative to put your case forward and clear up any issues, the magistrate can see you’re taking the case seriously and you don’t need to miss work.
Use technology
Since COVID began last year the courts have improved their facilities for remote appearances. Many local courts in NSW now have video links so that people can attend court from home. If you would like to be considered for this option you should call or email the court registry well before your case (at least a week beforehand). Unfortunately the resources are still limited so it’s important to confirm availability well in advance.
My main advice is to make sure you take action as soon as you receive your Court Attendance Notice, so you don’t run out of time to make arrangements.
If you have a case at court and would like some guidance our team at Ainsley Law is always happy to chat with OwnerDriver readers.
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*SARAH MARINOVIC is a principal solicitor at Ainsley Law – a firm dedicated to traffic and heavy vehicle law. She has focused on this expertise for over a decade, having started her career prosecuting for the RMS, and then using that experience as a defence lawyer helping professional drivers and truck owners. For more information email Sarah at sarah@ainsleylaw.com.au or phone 0416 224 601.