Help with Infringement...

[Mr_G]

Hi guys,

Last friday I had received a speeding infringment from a highway patrol officer. I know, my bad.... Im just querying to see if I can get out of this infringement, as there are 2 seperate dates on the infringment.

At the top section in the part where the officer writes the majority of the details, the date is correct, ie 28/01/2005. This section is the Carbon copied section.

On the bottom section where it has the payment slip, the officer had written in BOX 1 (Date of offence) that it was on the 20/01/2005 which would bring it to the previous thursday.

So do I stand a chance of getting out of this???

[Blitz]

How fast were you going and what was the speed limit?

[Mr_G]

How fast were you going and what was the speed limit?

I would like to keep these details a lil hush... But for your reference, I was in the bracket of 30-45... I know, i so regret it now!!!

I dont mind doing the 3 months suspension, but If I cop this fine, it will make me do 6 months in total. ie for the automatic suspension from that speed bracket, and 3 months for loosing my points On the downside if I did loose it for 6 months, I would contemplate selling the GTST.

Do I stand a chance if there is 2 different dates on the offence?

Ie, the main boddy says: It is alleged that at 11:40pm on FRIDAY (Day) 28.01.05 upon ........ streeet........ you drove motor coupe bearing plates ......

ie "ALLEGED"

On the payment section, it states in box1: DATE OF OFFENCE (20/01/2005)

Im guessing the DATE OF OFFENCE one is the one they go by, since they are saying you offended on this day, where as the other one states "alleged".... Can anyone confirm this or help me out?

[toby19]

Don't you think the cops may be in the habit of frequenting these forums? If so, you've already been caught because you have admitted to the "alleged" offence.

Just do the right thing on public roads mate

[Mr_G]

Don't you think the cops may be in the habit of frequenting these forums? If so, you've already been caught because you have admitted to the "alleged" offence.

Just do the right thing on public roads mate

Well being a fellow skyline driver, im trying to seek some advice to weather this date thing is questionable.... Thats all..

[Abo Bob]

Good to see you keeping up the reputation of young Skyline drivers everywhere.

You have d!ck all chance of getting off on the technicality you have cited.

[Blitz]

I would like to keep these details a lil hush... But for your reference, I was in the bracket of 30-45

So let me get this straight, you were driving like an idiot, got caught, and now you want to try and use a loophole to evade punishment?

Take responsibility for your actions and take it on the chin like a real man.

[Mr_G]

I know im going to cop all the comments regarding the speed I exceeded by, but it would be nice if someone could make a reasonable response... Its not like you guys havent sped before, maybe not by the amount I did but everyone has at least done it once... Dont say you havent cause its not so hard to even exceed by 5km.h

[Blitz]

If you take it to court there is a slim chance you might be able to screw the system and get out of it - I hope for your sake you dont have a colourful driving history.

Driving at that speed is incredibly stupid - please, please dont buy a GTR

[Mr_G]

Does anyone know how much court fees are just for the day?

[benm]

<15 maybe you would get off in court but 30-45 i'd say no way.

[raz0r$harP.UK]

With regards to inconsistencies of the dates - unlikely it would make a difference if appealed against.

[Tyson69]

no definatley not you will end up copping the fine and court costs, and the judge can even request you pay more for this offence according to your driving history, if you go to court and contest it, if they say yes there is a error in dates they will just process a new ticket with all the correct details and send it to you. It will also all be recorded by the police officer that pulled you over, sorry mate just cop it sweet and dont go to court it will cost ya more. i know cos a good friend of mine works at the courthouse she the one that types everything that is said in the courtroom. They say they are only human and make mistakes from time to time.

[siksII]

also some more advice:

if you take it to court, when you are charged they cancel your license, so if you had 6 months to go on your green ps when charged, you would have 2 years left when you get your licence back.

however, if you just pay the fine without taking it to court, your licence is suspended, so you only have the amount of time on your Ps left that you did before the suspension.

you wont get off because of that technicality thats nothing.

[Mr_G]

also some more advice:

if you take it to court, when you are charged they cancel your license, so if you had 6 months to go on your green ps when charged, you would have 2 years left when you get your licence back.

however, if you just pay the fine without taking it to court, your licence is suspended, so you only have the amount of time on your Ps left that you did before the suspension.

you wont get off because of that technicality thats nothing.

Thanks for your response... Ill see what happens... Ive also heard rumours frm people that you send the cheque, and you pay a lil over to the infringment beauru, and soughta stuffs up the system?

Also heard that if you let it go to the State debt recovery buearu, you just pay them the full amount, plus their $50 or so, and you walk away clean, no points lossed...

I dunno, we will see as time unfolds...

[REDGTT]

That thing about paying abit over the amount and not processing they stopped ages ago. Now they take your extra money and laugh. Best thing to do is go and speak to those legal aid specialising in speed offences., look in your local paper that is sent to your house.

And just be safe on the road from now on. Take care and good luck with it all

[Merli]

Thanks for your response... Ill see what happens... Ive also heard rumours frm people that you send the cheque, and you pay a lil over to the infringment beauru, and soughta stuffs up the system?  

Also heard that if you let it go to the State debt recovery buearu, you just pay them the full amount, plus their $50 or so, and you walk away clean, no points lossed...

I dunno, we will see as time unfolds...

You seem to be trying your hardest to get out of this fine and punishment. Understandably so I guess. I'd hate to lose my licence too. It's one of the worst things I could imagine. I'd lose my means to freedom, as public transport around my area sucks monkey balls.

But trying to get off on a technicality is a such a low-life attitude

Luckily, the judicial system is smarter than you None of those loopholes work. And if you take it to court to try and get off on that date inconsistency, you'll get laughed at and charged court fees for wasting their time.

You were speeding. You got caught. BUMMER. Now pay the fine and cop your suspension sweet.

[T0nyGTSt]

You were speeding. You got caught. BUMMER. Now pay the fine and cop your suspension sweet.

That's the way it is pal. Just be glad this ain't Victoria.

I get the feeling that people think our courts are like the "The Practice" - people get off on minor technicalities.

The Aust. courts will CORRECT the minor mistakes and reinstate the fine + court costs.

You also might want to know that the legal system has no recourse against points. You might even very well get the fine removed and be declared innocent if your case has merits but you won't ever get the points waived.

T.

[Mr_G]

That's the way it is pal. Just be glad this ain't Victoria.

I get the feeling that people think our courts are like the "The Practice" - people get off on minor technicalities.

The Aust. courts will CORRECT the minor mistakes and reinstate the fine + court costs.

You also might want to know that the legal system has no recourse against points. You might even very well get the fine removed and be declared innocent if your case has merits but you won't ever get the points waived.

T.

Probably could have been worse in Vic.... Im going to seek some legal advice, see what they suggest...

Thanks for the inputs guys.... I guess if the liscence is gone for 6 months, ill prob be really fit from riding my bike as the upside...

Question aswell, if you loose your drivers liscence and have a motorbike liscence, can you still ride the bike?

[Merli]

You also might want to know that the legal system has no recourse against points. You might even very well get the fine removed and be declared innocent if your case has merits but you won't ever get the points waived.

This is 100% correct.

I got caught talking on my mobile phone by one of those overzealous, lycra-wearing female cops on a pushbike. Thing is, I was stationary, at a red light, in heavy traffic. That's right, the car wasn't moving at all, and it was a 15 second phone call to tell someone I was going to be late (and I had the phone bill to prove it).

I felt I was hard done by, so I rang up the court magistrate and told him what happened. His advice was:

"Yes, you can take that to court. You'll have to plead guilty, as you *WERE* talking on your mobile phone. Then plead extenuating circumstances and tell them the scenario. The judge will more than likely thank you for being honest and not wasting the court's time by pleading not guilty. He'll waive or reduce your fine, but unfortunately the court's decision and the RTA are two completely independant governing bodies. You can get off your fine, but since you were guilty of talking on your mobile phone, you'll lose the 3 points no matter what you do."

So instead of taking a day off work, losing income, and wasting the court's time, I paid the fine and went on with my life. Sh1t happens