Traffic Infringement Dilemma

[dalostcambo]

As the topic says, I have a little bit of a dilemma...

Thurs morning, I was traveling towards Geelong in a medium-rigid truck.

As I was coming up towards Plantation Road on the Princes Highway, the lights turn amber.

From my judgment, I HAD to keep going or I would've locked up my wheels.

Cops decide to pull me over near the McDonald's after 2 sets of lights.

By that same p**ck, I got pinned for not having my rear P-plates displayed (magnetic plates and wind speed of up to 100km/h aren't good), but the front was displayed.

My question now is should I write a letter to Civic Compliance and the Penalty Review Board about this or should I just take the matter into court?

This is 6-demerit points which leaves me negative 1 now - either way I HAVE TO fight it!

I have a clean driving record for the last 2 and a half years.

Thanks in advanced for your support.

[madbung]

I would, I'd say in your situation driving a laden? truck in wet conditions you'd be in a better position than anyone else in regards to whether you could have stopped safely or not.

[borko08]

hey, soz to hear about getting hassled

if i was you, i would write a letter first, and if they don't take the fine away, then i would take it to court.

Good luck man

[dalostcambo]

I would, I'd say in your situation driving a laden? truck in wet conditions you'd be in a better position than anyone else in regards to whether you could have stopped safely or not.

What do you mean "driving a laden"?

I really can't remember if it was wet, I just remember that it was BLOODY windy that night and me coughing my guts out..

I couldn't even do 100km/h when I left the depot because it was so windy..

[HEKT1K]

mate you'll be surprised how far a well-written letter will get you, not sure about the p-plates issue but i reckon if you carefully explain your circumstances they may let you off with a warning about running the amber light.

btw i think the guy above was asking whether you had goods in the back of your truck making it heavier and harder to stop, hence the 'laden?'..

hope this helps and good luck

Ric

[madbung]

Laden it's a word with a definition...Hektic is correct.

Edited June 30, 2008 by madbung

[dalostcambo]

Ahhh... Fair enough..

Yes, I was loaded, which is why I believed that I wasn't able to stop..

As a truck driver, it's a headache to lose any points -_-"

[W0rp3D]

Ahhh... Fair enough..

Yes, I was loaded, which is why I believed that I wasn't able to stop..

As a truck driver, it's a headache to lose any points -_-"

your best bet is to get your run sheet/manifest of the weight you had on and go to court, had another driver that had this problem, he wrote a letter and it made no difference, when he went to court they gave him a warning (but he is 50 and never even had a parking fine), you will find most of the time unless you have some sort of evidence they will side with the cops, also as a lot of cops have mic's on them and are filming from the car if you admitted fault your screwed.

but by all means get everything you can that says you were fully loaded.

as for the points, i am on the 1 point probation and i go up and down the hume all week, bastards are a lot better at hiding up there.

[depalma-bcnr33]

if u really want a good chance at saving your liscence go to court with a lawyer (preferably) - my brother is doing this atm. i thought my brothers case was pretty weak but the lawyer says he has a good chance. so by the sounds of your situation sounds like you will to.

good luck mate, i got stung the other day for hpv by tmu (DOGS) lol

hope you get off.

[dalostcambo]

your best bet is to get your run sheet/manifest of the weight you had on and go to court, had another driver that had this problem, he wrote a letter and it made no difference, when he went to court they gave him a warning (but he is 50 and never even had a parking fine), you will find most of the time unless you have some sort of evidence they will side with the cops, also as a lot of cops have mic's on them and are filming from the car if you admitted fault your screwed.

but by all means get everything you can that says you were fully loaded.

as for the points, i am on the 1 point probation and i go up and down the hume all week, bastards are a lot better at hiding up there.

I don't have any information on how much the freight weighed on my truck.. The only information I have is that I had 9 spots on the truck.

I wasn't fully loaded but some of the small pallets were steel, which weighed the truck down.

The wind doesn't help much either!

Didn't admit any faults.. Thought they would've just given me a warning as I have a clean driving record.. Motherf**kers! They're all DOGS!

[zorb_rules]

umm tough luck with the p plates been there done that..and no love evn in court.. as far as the runnign an amber light goes if it was an amber light..what did you get fined for..speeding through the amber or actually runnin a red?? think if it was running the red with a truck depending on road condition you might have a chance..but if you sped up to get through i'd say no way in hell...also if I was you I wouldnt fight it yoursef..if your gonna fight it I recommend a solicitor..i've used my twice now both times with moderate sucess..and the time I took my own case to court I was torn apart by the police prosecutor...

their not dogs they are doing their job..so then again if you had have ran a red light with a medium rigid truck at say 80clicks and hit another vehicle...manslaughter or reckless driving could be more the case..so to be honest i'd cop the fine on the chin..take your 1 year good behaviour..and be thankful more didnt come of it..but of course it really depends what grounds you have..

i mean a mate of mine got done for running a red light whilst moving out of the way of an ambulance..unfortunatly the law reads something along the lines of only move out of an emergency vehicles way if it is safe to do so...runnign a red light and sticking your nose into an intersection is considered not safe..he got fined and took it to court..unfrotunatly the wording of the law has cost him his last 3 demerit points also..

[dalostcambo]

umm tough luck with the p plates been there done that..and no love evn in court.. as far as the runnign an amber light goes if it was an amber light..what did you get fined for..speeding through the amber or actually runnin a red?? think if it was running the red with a truck depending on road condition you might have a chance..but if you sped up to get through i'd say no way in hell...also if I was you I wouldnt fight it yoursef..if your gonna fight it I recommend a solicitor..i've used my twice now both times with moderate sucess..and the time I took my own case to court I was torn apart by the police prosecutor...

their not dogs they are doing their job..so then again if you had have ran a red light with a medium rigid truck at say 80clicks and hit another vehicle...manslaughter or reckless driving could be more the case..so to be honest i'd cop the fine on the chin..take your 1 year good behaviour..and be thankful more didnt come of it..but of course it really depends what grounds you have..

i mean a mate of mine got done for running a red light whilst moving out of the way of an ambulance..unfortunatly the law reads something along the lines of only move out of an emergency vehicles way if it is safe to do so...runnign a red light and sticking your nose into an intersection is considered not safe..he got fined and took it to court..unfrotunatly the wording of the law has cost him his last 3 demerit points also..

If I weren't to display P-plates, NONE would be displayed. The front ones were there, the rears were taken by the winds I'm guessing..

I got fined for not obeying traffic signals..

He saw the lights were amber but he thinks I could stop on time. It turned red when I was halfway through it.

I didn't speed through it, just braked a bit and thought no way I could stop without locking up so I picked it up to 80 clicks again.

I just see it as being extremely harsh since it's 1:15am with barely no one around and my first offenses.

[zorb_rules]

with the p plates the charge i fought was kinda similar but to no evail...my rear p plate had slidden off the back window and fallen on the parcel shelf due to condnsation the judge basically said..it is my responsiblity to ensure the p plate is up at all time whether this means taping it up etc etc..im pretty sure he will say a similar thing to you.. i.e you know that you drive at speeds up to and including 100km/h and with your p plate no fastened securely it can easily be removed..this is your responsibility...

[W0rp3D]

with the p plates the charge i fought was kinda similar but to no evail...my rear p plate had slidden off the back window and fallen on the parcel shelf due to condnsation the judge basically said..it is my responsiblity to ensure the p plate is up at all time whether this means taping it up etc etc..im pretty sure he will say a similar thing to you.. i.e you know that you drive at speeds up to and including 100km/h and with your p plate no fastened securely it can easily be removed..this is your responsibility...

i believe the issue is the red light not the P plate.

[dalostcambo]

with the p plates the charge i fought was kinda similar but to no evail...my rear p plate had slidden off the back window and fallen on the parcel shelf due to condnsation the judge basically said..it is my responsiblity to ensure the p plate is up at all time whether this means taping it up etc etc..im pretty sure he will say a similar thing to you.. i.e you know that you drive at speeds up to and including 100km/h and with your p plate no fastened securely it can easily be removed..this is your responsibility...

Then why sell magnetic P-plates if they don't do the job??

i believe the issue is the red light not the P plate.

Actually, they're both the issues..

[W0rp3D]

Actually, they're both the issues..

I stand corrected.

Then why sell magnetic P-plates if they don't do the job??

Welcome to world of cheap shit, half of the products on the market either dont do what there suppose to or dont do it very well, in that auto world most of these come from autobarn, you didnt by it from autobarn did you?

[zorb_rules]

again on the red light after talking to a few truckie mates you maybe be able to fight this in court by using the officers experience against him.. i.e does he have a trucking license, has he had any experience driving trucks..if not then how can he tell that you could have safely stopped..if he does not have any experience in the field then maybe just maybe the judge will understand where you are comign from and let you off...

you also must remember too that no matter posted speed limits you must always travel at a speed that is applicable to your vehicle therefore the police prosecutor may suggest it was your negligence for not travelling at a slower speed, that would allow you to stop the vehicle incase of an amber light, accident ahead etc etc...

just trying to offer some advice so pelase don't take any offense...

[zorb_rules]

Then why sell magnetic P-plates if they don't do the job??

Actually, they're both the issues..

ahh but who's to say they didnt do the job and someone stole them off the back of the truck and you never checked..i remember the first thing I got taught back when I was laerning to drive was to do a quick 5second walk around inspection of your vehicle..if and I'm only suggeting if..cause i don't know the circumstances, bit if you did this you may have noticed the plate missing beofre hand.. from experience I can tell you magnetic plates are shit..they get stolen, they slide off in wet whether, and depending on where they are postioned they can slide or fall off..but once again it is your responsibility as a driver to ensure this doesnt occur..

i was lucky a few times back on p plates where some had stolen my magnetic p plates and I was pulled over..i soon learnt my lesson and went out and brought once of those vinyl sticker things...

but yeah honestly cop the p plates on the chin..i mean if they can charge you for having your plates up but obscured behind what the call dark tinitng (which was legal darkness...), which is what they did to me you've basically got buckley's chance of fighting the p plates..

[dalostcambo]

I stand corrected.

Welcome to world of cheap shit, half of the products on the market either dont do what there suppose to or dont do it very well, in that auto world most of these come from autobarn, you didnt by it from autobarn did you?

I did actually!!

again on the red light after talking to a few truckie mates you maybe be able to fight this in court by using the officers experience against him.. i.e does he have a trucking license, has he had any experience driving trucks..if not then how can he tell that you could have safely stopped..if he does not have any experience in the field then maybe just maybe the judge will understand where you are comign from and let you off...

you also must remember too that no matter posted speed limits you must always travel at a speed that is applicable to your vehicle therefore the police prosecutor may suggest it was your negligence for not travelling at a slower speed, that would allow you to stop the vehicle incase of an amber light, accident ahead etc etc...

just trying to offer some advice so pelase don't take any offense...

Narh, not going to take any offense!

I usually don't have an issue since I'm traveling so early in the morning..

1:15am is when I got pulled over and usually there are no cars around.

ahh but who's to say they didnt do the job and someone stole them off the back of the truck and you never checked..i remember the first thing I got taught back when I was laerning to drive was to do a quick 5second walk around inspection of your vehicle..if and I'm only suggeting if..cause i don't know the circumstances, bit if you did this you may have noticed the plate missing beofre hand.. from experience I can tell you magnetic plates are shit..they get stolen, they slide off in wet whether, and depending on where they are postioned they can slide or fall off..but once again it is your responsibility as a driver to ensure this doesnt occur..

i was lucky a few times back on p plates where some had stolen my magnetic p plates and I was pulled over..i soon learnt my lesson and went out and brought once of those vinyl sticker things...

but yeah honestly cop the p plates on the chin..i mean if they can charge you for having your plates up but obscured behind what the call dark tinitng (which was legal darkness...), which is what they did to me you've basically got buckley's chance of fighting the p plates..

I didn't do a 5 second walk around because I know it was there. I had to put it up before I left the depot.

The trucks are shared, so I usually take the plates home.

I can be in 4 different trucks in the 5 working days! Pain in the a*se, so it's gotta be with me..

[dalostcambo]

Thanks for everyones opinions.

It sounds like most people are suggesting that I should take this issue to court than write a letter..?