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Please Help With Traffic Infringement Query

Froozog

By Froozog,
in Western Australia

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Froozog Explorer

Froozog

Posted
  • Author
Posted
If you want a hint of advice. Send the police a letter saying the speed zone was incorrect blah blah blah.

They will then send you a letter saying "Thanks, we're investigating it, we'll get back to you. The infringement process has stopped during our investigation"

This will take about 1-2 months.

They will then send you a letter back saying "No it wasn't, here's your fine, now go pay it"

So pay it. By then you might have gotten a few points back. It's worth the effort to not lose your license for 3 months I'd say.

Today is my last day to pay the fine so I'm not sure if that's the best idea. Anyway I was pulled over by cops on the spot so I'm not so sure I could make that claim right? I just went during my lunch break then to pay it otherwise that letter thing did sound like a good idea though... suppose I should have seek advise on this sooner but oh well, it's all done now :'(

infamous_t Veteran

infamous_t

Posted
Posted

Just remember you havn't lost your license until you hand it in... and the clock doesn't start until you have.

If you want to apply for a 'E' license(i.e. need the car for traveling to work), i would start asking the questions now.

Good luck mate, I took the hit via points myself 2 years ago.

dan_the_man Grand Master

dan_the_man

Posted
Posted

I'm not sure if this bill has been passed yet but it may be worth looking into

Section 104J Making a section 104J election

(1) This allows a person to elect to not be disqualified and instead opt for a

period of good behaviour for 12 months which will commence on the day on

which the disqualification was due to commence. The specifics of how this

will operate is detailed later in this document. A person can only make this

election if they hold a WA driver's licence. The period of commencement of

the good behaviour period may vary depending on any existing

disqualifications that may have to be served first. This is because demerit

point disqualifications are cumulative on any existing disqualification.

(2) A person cannot elect a period of good behaviour if they hold a provisional

driver's licence.

(3) When electing the period of good behaviour the person agrees that they will

not commit an offence for which 2 or more points can be recorded or a total of

two or more points can be recorded. And that they will not commit an offence

that carries a mandatory period of disqualification. In other words they agree

to not accrue more than 1 point over the 12 month period or commit an

offence that leads to a driving disqualification.

(4) The person makes this election in writing to the Director General in a form

approved by the Director General within 21 days after the Director General

served on the person the excessive demerit points notice.

(5) The period of the election for good behaviour applies for 1 year after it

commences or if the person breaches the good behaviour period by incurring

a total of 2 or more demerit points it applies until the person is served with a

notice advising them of the breach of the good behaviour period. In other

words it lasts for 12 months or until they are advised that they have

contravened the conditions of the good behaviour period, whichever is the

lesser period.

____________________________________________________________

also

104H Expiry of demerit points

Provides demerit points will expire 3 years after the day on which the offence was

committed.

104I Excessive demerit points notice

(1) When the number of points recorded against a person in the demerit points

register reaches 12 or more, the Director General is to given the person an

excessive demerit points notice (in accordance with section 104Q - which will

be explained later in this document). The notice must state the following:

(a) the day on which that current number of demerit points was reached,

(b) the number of demerit points reached on that day,

© the period of disqualification (fixed by subsection (2)),

(d) the day on which the period of disqualification will commence (if the

person does not make or cannot make an election to serve period of

good behaviour in place of a disqualification - such election being

made under section 104J).

Therefore, if you are caught speeding... the day from which they back date the demerit points to is that of the day of the offence. If this means you have 12 demerit points awarded against you, you will then receive a letter stating that your license will be suspended from the date they provide.

If you wait until you get points back before you pay for the fine. Once you have paid that fine those points are backdated and technically you did lose all 12 points at one stage. The fact that you have received points back does not count because they were not received back before or on the day of the offence. So you will still have your license suspended for 3 months from a date decided by the Director General and stated in the 'excessive demerit points notice.'

sam5709 Grand Master

sam5709

Posted
Posted

QUOTE(sam5709 @ 21 Aug 2007, 09:47 AM) *

in about a month (took 3 months to get mine) you will recieve another letter saying that you license is under suspension,

Also Incorrect.

wasnt saying it was correct, just saying what happened to me :)

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