Is This Bs? Or What? School Zone

[Mulkers]

Last thursday i stayed in town (obviously live out of town), at a mates place.

Woke up at 7.50am the next morning, to catch another friend, who was going down to melbourne.

Long story short, lost my licence (points) for doing 58kmh in a 60 zone, because it was 8.05 am; it was a school zone.

The policeman was not wearing any high-vis clothing, despite low visibility, due to cloudiness etc.

He did not have his hat on, nor were the lights on on his car, which was parked further up the road.

He was almost the same colour as the road, and i didn't notice him, until he was standing in the road in front of the car i was following. (I was in the right lane, about to turn right)

There are two school zones which lie on the main roads. The first is a 70 zone, with large (40) Signs, and flashing lights and flags, when it is school time. The other one has two signs, one of which is partially covered by a tree.

I do not go to school, or have kids that go to school, and i am normally at work mon-thurs at that time, and not normally up that early fri/sat/sun.

I do not have a clock in my car, and as it turns out, the children aren't allowed to be at the school until after 8.30 am, as school does not start until 9, and there is no adult supervision (ie teachers) until after 8.30.

There was no excess traffic. No buses. No flags. No Children. No parked cars.

I was doing the same speed as the rest of the traffic (except for a white ford econovan, which was going at least 10kmh faster.) but was the only one in the ten or so cars that were on that stretch of road, who had P Plates displayed.

My car is pretty non-descript, and stealthy (Lexus LS400/Celsior, stocky)

So i spoke to a silicitor today, and she said because it is a valid infringement, (albeit a really gay and unfair one,) my only grounds for contest are hardship (as i would lose my job), but that is not enough for a case.

Is it just me, or is this really, really gay?

ignorance is not an excuse, but 5 minutes? who actually determines what second that they begin? and why is their clock right?

What do you think i should do. If i lose it, which it looks like i will, i dont know wtf to do. Some of you will say harden the f up, but you don't have to walk 40kms through the flat boring country side to get to work at 6am.

What are your opinions? Should i see another solicitor?

[mesmerized]

i don't like your chances of contesting it, seeing as it was in a school zone.

but then again, some footy player got done speeding in a school zone recently, and he would of lost his license. but he took the matter to court and his defence was 'i never drive in that area, and didnt realise it was a school zone, if i lose my license, i will be unable to continue my charity work' - he got off with just a fine and demerit points, kept his license

so you never know

[xRHETTx]

You broke the law. Its not even bad luck, it is absolutely your fault.

But as you said you might be able to claim hardship, try to keep your licence by going on probation for 12 months with 11 demerit points or whatever.

You might think that this fine is a little soft, but what about the other points you must have lost to put yourself in this predicament?

That said, see a solicitor that deals with traffic violations all the time. If the police are using a hand-held radar gun, I've heard that legally they have to prop it up against either the dash or the window sill of the car. They can't use them just standing on the side of the road. But maybe that is just forum talk.

[R31Nismoid]

What should you do?

Suck it up.

These zones have been around for years, you cant please ignorance when everyone zone is clearly marked.

You might not agree with it, but thats the law.

[Mulkers]

Yeah, it was a hand held LIDAR. and hhe was in the middle of the road.

Bad luck? If i had of done anything else it wouldn't of happened; gone another way, been 5 minutes earlier. anything. but cant change that.

I have had heaps of bad luck. for about a week now. today i got home, and the hot water element is dead. that is the latest thing, there is heaps of others, things that wouldn't normally happen

Edited September 5, 2007 by Mulkers

[R34NRG]

bad luck mate, unfortunately the vic gov takes this shit seriously, especially around school zones.

[nice 28]

can't contest it but according to today tonight, get the picture and measure it up from the side of the pic, your far headlight/tail light should be 65% accross the picture. but we all know what today tonight is like, half the stuff is bs but you never know.

good luck although i don't think you can get out of it.

[Mulkers]

Suck it up.

Thanks, that is real comforting. sure that will pay the bills, feed me, and secure me another job, once the three months is up.

[R31Nismoid]

We live and learn. Thats what life is about

Its what life is all about. Its just that some learn fast, some dont, and some just take a while.

You decide which category you fit into.

Dont make excuses like "i dont have a clock in my car". Excuses wont give your license back, and certainly not a lot of learning going on by blaming something thats irrelevant.

Fact is you drove at a speed which is over the legal limit, its your responsibility as a motorist to be aware of road laws, rules and restrictions. If they fall in specific times, so be it.

If you require a piece of plastic to keep your job, then you need to be even more aware of these things

[Al]

Well this is obviously not your first infringement, as you where 18km/h over the 40km/h limit, time to start obeying the law and respecting all others around you.

You farked up, no excuses

If your license is that important to you, why risk loosing it?

[blind_elk]

Why aren't you whinging about all the other infringements that contributed to you losing your licence? Why just this one?

[Sass]

you sped, accumulated enough points to make you lose your license, what else is there?

[sillylankan]

Some of you are so perfect.

dw mate, we all make mistakes, you were just unlucky to be caught. I live right near a primary school and i see motorists doing well over 20km/h over the 40 limit during school times all the time.

Its not the end of the world, be happy with what you still have.

[Sass]

never said we are perfect.

but if we break the law and get caught, sucks, but it happens and thats where you bend over and take it or fight if you have a good reason.

being that speeding is a strict liability offence (you dont need intent) therefore getting out of it is not highly likely.

i've had my fair share of run ins, i just dont choose to bitch about them...

[inark]

8am?

i thought the school zones came into effect from 8:30am?

gees i better check the signs again in my area lol.

whos to say your watch or clock didnt say it was 1 minute to 8?

Whos clock do you go by? is there a generic clock that people can see before entering the zone that we have to go by?

5 past 8 is a little f*kin gay.

How do we know the cops watch isnt mysteriously fast by 5 minutes? is his clock automatically updated by the world clock?

[R31Nismoid]

Some of you are so perfect.

dw mate, we all make mistakes, you were just unlucky to be caught. I live right near a primary school and i see motorists doing well over 20km/h over the 40 limit during school times all the time.

Its not the end of the world, be happy with what you still have.

Not really. Ive lost my license a couple of times.

But to blame this incident when you have 12 points, is stupid.

What about all the other points accured to GET to being over your points limit?

For someone that needs thier license, getting to 12 points is very laz on that persons behalf

[GTR_STEALTH]

If this was a one off then i would sympethise with Mulkers, but seeing as you have accrued the points due to a number of traffic infringements then i say suck it up also...

kthnxbai

[ziad]

^^ that will be the attitude of the courts. if you have a clean record they might have been lenient and let you off (or if you are a high profile public person) seeing you have a history of driving offences which resulted in this last one making you lose your licence to anyone it would appear that you were just normally speeding.

[2rismo]

I'm sure the parents at the school couldn't care less about your job or what colour clothing the cop had on.

Think how much safer you would have made the police officer if you'd been doing the speed limit.

[Ricos]

if your a P -Plater and u loose more than 5 points in 12 months u get the option to loose ur license for 3 months or stay on a 12 month probation with no points and be good (and if u loose 1 or more points during that 12 month period u loose it for 6 months)

If your not a P-plater i think the same applies.....more than 12 points in 3 years and your on the same probation....break the probation same punishment applies

unless of course you are already on that "no point" probation when u lost the points this time round....which means ull loose it for 6 months

Wait for the letter...see wat your options are