$1700 Fine And 6 Month Suspension ...yippee

[Wacky Dee]

change my coil packs and spark plugs today so I thought I'd go with my dad (who was helping out) for a little run down on the motorway to see how the car behaves. Long story short, got done for speeding (142 in 90 zone) Cop confiscated my license told me I'm suspended for 6 months and gave me a $1744 fine. I refused to sign the suspension notice because I wasn't certain what I'm signing (they didnt seem to have much of an issue with that).

Anyway, before all the keyboard warriors start lighting their flame throwers... I'm pushing 30yo and this is my 2nd speeding fine ever. I don't hoon on suburban roads and so on and so forth.

The reason for speeding ..well, I was stuck behind these 2 idiots on the motorway driving 80 in the right hand lane when the limit is 90. When they finally decided to back into left lane I gave it a bit of a stab .. changed back to left lane when it was safe (5-10 sec later) and dropped back down to 90kmh. But at this point I'd already passed the coppers who were hiding under an overpass bridge with their car backed up all the way inside the bushes..

So I'm just wondering if anyone's had a real experience using the http://www.aussiespeedingfines.com ebook to challenge the fine (I dont reckon I was doing anywhere near 143kmh and neither does my dad) ? I will probably buy it anyway just thought I might ask to see if anyone else did already and if it really helped.

there's no way I can afford that fine or to be off the road for 6 months ..and before any hero tells me to "do the crime do the time" let me just say, go choke on a dick. I know I've gone over the limit which is something i RARELY do and never in suburbia/city but I'm not going to just bend over and take it when there's possibility of getting a reduced fine/no suspension if I fight it out in court (well prepared that is)

[perthute]

the guy that runs that site made the news when he pay'd his own speeding fine hmmmm does it work ??

the only way i know that works is to be a ''freeman'' but thats alot to explan and ill end up getting flamed has most cant get the head around it

btw smart move with not signing the paper work too manny people just bend over with out knowing wat there doing

[Wacky Dee]

if the author paid a fine then the whole thing is a crock of shit

edit: more about that here http://www.aussiespeedingfines.com/pages/R...ike-Palmer.html

[08r3308]

did they show you the radar?

[Wacky Dee]

yeah .. but the radar didn't show me my car and me behind the wheel .. only a number, so off to court I go. I'm obviously gonna prepare and not just rock up and rant at the judge and cop a worse punishment..bit of a pita but i've got plenty of spare time, PLEEEENTY.

[08r3308]

yeah , i guess now work on line .

Was there other cars around other than those slow 2 cars?

[Wacky Dee]

yeah other cars too..no idea where their radar was pointing.

Been reading bits and pieces on the net from that ebook ..doesn't look like a bunch of bs at all. You just gotta have the patience and play their game, all within the law.

Just out of curiosity, does anyone know if my license is REALLY automatically suspended now given that 1) the cop confiscated it 2) I refused to sign the suspension letter. Maybe I'm wrong but I don't see why I couldn't just rock up to RTA tommorow and ask them for a new copy. My understanding is I have 28 days to appeal the matter in court so how can my license be already suspended? They don't "unsuspend" your license if you go to court, they simply dismiss the case (that's my understanding anyway) - so if the above is true, my license is not really suspended at all, just confiscated. Hmm?

[StealthX]

Your license won't be suspended straight away, you're correct in the 28 days thing.

He actually wrongly confiscated your license that day, cos in all situations of a loss of license, there is a 28 day period that you can appeal/still drive.

I just lost mine for too many points (try loosing 10 points at once, for being on the phone while driving the phone was on my lap), without a seatbelt with on passenger without a seatbelt too - i was IN A f**kING CARPARK! - I might add that I'd bin in the car less than a minute) I appealed it, because the carpark was technically private property, and road rules don't apply, but they argued that the part of the road WAS part of the public roads. Long story short, I don't have the money to go through with the court business, I just copped 3 months. My 28 days didn't start till after I'd payed the fine, received the excessive points letter, and taken that to the govmnt and got the official notice.

As for you, I'd say you did the right thing in not signing the paper, the cops then should've given back your license then.

Plus, until you pay the fine and sign the paperwork, it wont be processed, and your 28 days wont start.

I'd say cop the fine and 6 months, simply cos I've no experience in all things legal and wouldnt want to go into bat against the po po.

But if you feel confident you've got a case to appeal it somewhat, go for it!

Good luck.

P.S. it annoys me that the bad drivers on the road are the ones that DON'T get caught. Speeding alone isn't a valid way of classing a 'bad driver'. The soccer mums paying more attention to there kids than the road, the retirees that are too old to drive, the dickheads who don't use indicators, the assholes that sniff up peoples asses, THEY are the ones that shouldn't be on the road. There's WAY more dangerous things than speeding.

[TRB-001]

trying ringing around to a few of those cheap lawyers

[Kujotk]

Your license won't be suspended straight away, you're correct in the 28 days thing.

He actually wrongly confiscated your license that day, cos in all situations of a loss of license, there is a 28 day period that you can appeal/still drive.

I just lost mine for too many points (try loosing 10 points at once, for being on the phone while driving the phone was on my lap), without a seatbelt with on passenger without a seatbelt too - i was IN A f**kING CARPARK! - I might add that I'd bin in the car less than a minute) I appealed it, because the carpark was technically private property, and road rules don't apply, but they argued that the part of the road WAS part of the public roads. Long story short, I don't have the money to go through with the court business, I just copped 3 months. My 28 days didn't start till after I'd payed the fine, received the excessive points letter, and taken that to the govmnt and got the official notice.

As for you, I'd say you did the right thing in not signing the paper, the cops then should've given back your license then.

Plus, until you pay the fine and sign the paperwork, it wont be processed, and your 28 days wont start.

I'd say cop the fine and 6 months, simply cos I've no experience in all things legal and wouldnt want to go into bat against the po po.

But if you feel confident you've got a case to appeal it somewhat, go for it!

Good luck.

P.S. it annoys me that the bad drivers on the road are the ones that DON'T get caught. Speeding alone isn't a valid way of classing a 'bad driver'. The soccer mums paying more attention to there kids than the road, the retirees that are too old to drive, the dickheads who don't use indicators, the assholes that sniff up peoples asses, THEY are the ones that shouldn't be on the road. There's WAY more dangerous things than speeding.

I dissagree, they can confiscate your license for hooning or driving over 45km/hr over the speed limmit. For offences over 45km/hr the copper has the power to take your lisence on the spot or to leave you with it for another month or 2. I assume your father drove the car home because the copper would have booked you for driving without a lisence down the road.

Technically you are now officially suspended and if you are caught driving without a license now you are rooted,

if you do get caught driving suspened and the court finds your original speeding offence invalid, you may still have to argue that since the court found you not guilty, that your license was wrongfully taken from you.

best bet is to NOT DRIVE, or drive the least you have to and to bloody stay under the speed limmit, no more amber traffic light risks and no driving at nights especially on weekends.

hope it goes well for you

[Kujotk]

Your license won't be suspended straight away, you're correct in the 28 days thing.

He actually wrongly confiscated your license that day, cos in all situations of a loss of license, there is a 28 day period that you can appeal/still drive.

I just lost mine for too many points (try loosing 10 points at once, for being on the phone while driving the phone was on my lap), without a seatbelt with on passenger without a seatbelt too - i was IN A f**kING CARPARK! - I might add that I'd bin in the car less than a minute) I appealed it, because the carpark was technically private property, and road rules don't apply, but they argued that the part of the road WAS part of the public roads. Long story short, I don't have the money to go through with the court business, I just copped 3 months. My 28 days didn't start till after I'd payed the fine, received the excessive points letter, and taken that to the govmnt and got the official notice.

As for you, I'd say you did the right thing in not signing the paper, the cops then should've given back your license then.

Plus, until you pay the fine and sign the paperwork, it wont be processed, and your 28 days wont start.

I'd say cop the fine and 6 months, simply cos I've no experience in all things legal and wouldnt want to go into bat against the po po.

But if you feel confident you've got a case to appeal it somewhat, go for it!

Good luck.

P.S. it annoys me that the bad drivers on the road are the ones that DON'T get caught. Speeding alone isn't a valid way of classing a 'bad driver'. The soccer mums paying more attention to there kids than the road, the retirees that are too old to drive, the dickheads who don't use indicators, the assholes that sniff up peoples asses, THEY are the ones that shouldn't be on the road. There's WAY more dangerous things than speeding.

good you didnt fight it, every lawyer knows that car parks, well carparks where the owner gives the council authority to book on their property, is a public fareway and there is no way you would have finished up in court beating the sytem. For most cases its an open and shut case, but it also depends on what carpark it was, what agreement there was, and if there was a sign at the entrance to the car park ect....

[Wacky Dee]

yeh my dad drove back (and managed to stall the car just infront of their house.. wtf? well done dad) Anyway, I'm definately not going to drive until I hear otherwise from a court.

Strange thing is, my radar/lidar penalty notice has (from what I can read) 115 km/h scribbled under the "title of offence / exceed speed (radar/lidar)" which is what I thought I was doing (and which is not a suspension or $1744) even though they claimed I was doing 142kmh. Maybe the officer got confused and wrote what I said ... if that's the case, this is definately one technicality I could pursue in court and keep my licence and just pay $338

[EJD001]

From my past experiences the cops must lock onto the speeding car for three seconds, and that gives them the speed u are doing.It doesnt have a pic of your car or anythng, its just the moving object he is pointing at. In reality the cop was only doing his job wasnt he.. u were 52kms over the speed limit and i know that is easy to do in a skyline.

Do u travel that motoway alot ?? i drive the F3 everyday for work for the last 5-6 years, u get to know where the cops can sit and where they cant.. that can help u in choosing the spots where u want to give it a bit, but then when u least expect it they will sit somewhere new.

The road rules are there for a reason, it keeps everyone safe. u took the chance and broke that rule.

[Wacky Dee]

yeh I really don't need a lecture mate .. I was overtaking morons who were driving UNDER the speed limit in the right hand lane for like 3 Kms. I only overtook them when they finally decided to merge left. Gave it a quick stab to put them behind me so I don't have to deal with THEIR dangerous driving. I went back to left lane as soon as it was safe and dropped to 90.

And yes I know that spot well I even looked at it 10 mins prior going in the other direction but couldn't see them because they'd backed up their car up all the way in to the bushes.

Either way, penalty notice says 115 km/h ..which is what I thought I did and will argue that in court. If that turns out to be correct, they've confiscated/suspended my license for no good reason and I might just seek compensation when it's all done and dusted. Interesting times ahead.

[4teecal]

yeah .. but the radar didn't show me my car and me behind the wheel .. only a number, so off to court I go. I'm obviously gonna prepare and not just rock up and rant at the judge and cop a worse punishment..bit of a pita but i've got plenty of spare time, PLEEEENTY.

Save yourself the time and trouble and go and view the in car video before you bother going to court.

yeah other cars too..no idea where their radar was pointing.

Just out of curiosity, does anyone know if my license is REALLY automatically suspended now given that 1) the cop confiscated it 2) I refused to sign the suspension letter. Maybe I'm wrong but I don't see why I couldn't just rock up to RTA tommorow and ask them for a new copy. My understanding is I have 28 days to appeal the matter in court so how can my license be already suspended? They don't "unsuspend" your license if you go to court, they simply dismiss the case (that's my understanding anyway) - so if the above is true, my license is not really suspended at all, just confiscated. Hmm?

The suspension notice is a police suspension, and is automatic from the time of the offence. Not signing it makes no difference. You licence would already be suspended on the RTA system

Your license won't be suspended straight away, you're correct in the 28 days thing.

He actually wrongly confiscated your license that day, cos in all situations of a loss of license, there is a 28 day period that you can appeal/still drive.

.

Bollocks. Do not drive.......You risk being charged with another offence.

[Wacky Dee]

read the rest mate .. i said I'm not gonna drive until i'm sure I'm allowed to.

Does anyone know if it's a bad idea trying to contact the constable who issued the penalty notice? I just want to ask him why he wrote 115/kmh yet claimed I was doing 142 and suspended my license when 115kmh would have only been a fine and some points..

[Wacky Dee]

spoke to station .. cop def recorded 142kmh and what I thought was 115km/h apparently says "over 45 kmh" Ah well, back to the drawing board.

[StealthX]

I dissagree, they can confiscate your license for hooning or driving over 45km/hr over the speed limmit. For offences over 45km/hr the copper has the power to take your lisence on the spot or to leave you with it for another month or 2. I assume your father drove the car home because the copper would have booked you for driving without a lisence down the road.

I stand corrected. I Thought on every situation there was a 28-day appeal window, obviously not on some offenses.

good you didnt fight it, every lawyer knows that car parks, well carparks where the owner gives the council authority to book on their property, is a public fareway and there is no way you would have finished up in court beating the sytem. For most cases its an open and shut case, but it also depends on what carpark it was, what agreement there was, and if there was a sign at the entrance to the car park ect....

Exactly my point, didn't wanna appeal it cos I knew it would've bin a bit of a grey area!

But yeh, as for wacky dee, def don't drive until things are cleared up, at least if you do, drive like a nanna and perhaps not in the skyline.

Good luck hope everything goes your way!

[CL11QE]

im pretty sure that they brought in a law a few years ago that any speed over 130km/h is instant loss of license for 6 months, even if you're in a 110km/h zone....

[madbung]

Yay for cops!

Judges do some good work also.

Seriously though..... .

gl with it all, lol