Gt-r 40km/h Over. Need Your Help!

[eastes]

I was going to suggest pleading guilty and asking for a Section 10..

http://www.armstronglegal.com.au/web/page/section_10

This was very interesting. I didn't realise I could become a convicted criminal. Far out! I don't care if getting section 10 still means points. It's obviously something I'll still be requesting. Kindly requesting. Begging.

Edited September 22, 2010 by eastes

[eastes]

Driver 1 fight every fine at great cost and inconevience.

Driver 2 pays fine because it convenient and cheaper at the time

Driver 1 policy cost is $5500 per annum

Driver 2 policy is around $27500 per annum

Argh! My situation seems to be going from bad to worse.

No court or magistrate in Australia will take any info from site like this to the bench.

All info in regards to speed "alledged" is in reference to what is printed on the ticket and not actual speed at the time

The speed sensing device used in that image is not "LIDAR" Its all there infront of you.

Good luck!

Thanks.

[GTR-N1]

This was very interesting. I didn't realise I could become a convicted criminal. Far out! I don't care if getting section 10 still means points. It's obviously something I'll still be requesting. Kindly requesting. Begging.

Worthwhile procuring.

At least then, your insurance premium probably won't go up, when the insurance asks, "Have you ever lost your licence or had it cancelled?"

+ of course, you can still drive to wk.

[ras1983]

Is there an update on your situation?

[eastes]

Is there an update on your situation?

I elected to appear in court. No summons date has been set yet. I will represent myself with advise before the day. I will probably go in to watch proceedings before it's my turn as well.

I'm going to plead guilty on the summons day and will try to negotiate a slightly different penalty for a restricted license for work.

The thing I'm still most worried about is my insurance costs. If premiums go up from 2k to something like 10k or 20k, it's not really worth me keeping the car.

[Gr333dy]

I elected to appear in court. No summons date has been set yet. I will represent myself with advise before the day. I will probably go in to watch proceedings before it's my turn as well.

I'm going to plead guilty on the summons day and will try to negotiate a slightly different penalty for a restricted license for work.

The thing I'm still most worried about is my insurance costs. If premiums go up from 2k to something like 10k or 20k, it's not really worth me keeping the car.

That is nuts!!!!!!!!!

Just wondering what would be the worst and best case scenario for u

[GT-R LM]

I elected to appear in court. No summons date has been set yet. I will represent myself with advise before the day. I will probably go in to watch proceedings before it's my turn as well.

I'm going to plead guilty on the summons day and will try to negotiate a slightly different penalty for a restricted license for work.

The thing I'm still most worried about is my insurance costs. If premiums go up from 2k to something like 10k or 20k, it's not really worth me keeping the car.

Mate, i would not recommend you going to court without a lawyer,they will chew you up and spit you out a poorer and sad man, especially if you have never gone before, seen it happen with a few guys and they still say never again without a lawyer.

Also print out maps of where it was (eg: google earth shots of the road going both ways and the cameras). Try to get as much physical information as you can.

Sucky situation to be in.

Good luck with it all.

[eastes]

Mate, i would not recommend you going to court without a lawyer,they will chew you up and spit you out a poorer and sad man, especially if you have never gone before, seen it happen with a few guys and they still say never again without a lawyer.

Also print out maps of where it was (eg: google earth shots of the road going both ways and the cameras). Try to get as much physical information as you can.

Sucky situation to be in.

Good luck with it all.

My friend appeared in court for one of his employees. He thought they were very reasonable when you don't try to worm your way out and willing to plead guilty. I will still consider lawyer after your comment though.

I'll also stick to my plan and just go watch for a day next week or something to get a feel for how they work and how I should proceed.

Edited October 21, 2010 by eastes

[SKITTLES]

I've been gradually keeping track of this.

All because you overtook a slow driver?

Surely there will be people in the courtroom who have over taken before.

I had been driving for 10 months when I first over-took a driver doing 20 under the limit.

BTW it IS in a legal over-taking area.

You DIDN'T do it unsafely.

Your car is a performance car and more than capable of speeds exceeding 200KM/H, no mods. It's not like doing 120 or whatever was shaking and rattling your car.

What you did was actually the safe option, imo, given you didn't want to be caught behind a slow driver. It's fair enough that you wanted to do the speed limit, so you overtook. Do they want you to hang in the oncoming lane at 80km/h to potter past him? Or do they want you to get infront as fast as possible to lessen the likelihood of a head-on?

QLD have so much worst to focus on; schoolies incidents, their education system, getting fluoride out of the water before it contaminates everyone and making sure the cows aren't disturbed my DLS.

Edit: last I remember, didn't Nrth QLD want to break from Sth QLD?

Edit2: srsly tho, 40 over is nothing.

Edited October 21, 2010 by SKITTLES

[N1GTR]

Assumption and proof are two different things - the onus is on the police to prove his guilt.

In NSW we are guilty until proven innocent. Lucky us...

[zebra]

t.

BTW it IS in a legal over-taking area.

You DIDN'T do it unsafely.

Your car is a performance car and more than capable of speeds exceeding 200KM/H, no mods. It's not like doing 120 or whatever was shaking and rattling your car.

What you did was actually the safe option, imo, given you didn't want to be caught behind a slow driver. It's fair enough that you wanted to do the speed limit, so you overtook. Do they want you to hang in the oncoming lane at 80km/h to potter past him? Or do they want you to get infront as fast as possible to lessen the likelihood of a head-on?

QLD have so much worst to focus on; schoolies incidents, their education system, getting fluoride out of the water before it contaminates everyone and making sure the cows aren't disturbed my DLS.

Edit: last I remember, didn't Nrth QLD want to break from Sth QLD?

Edit2: srsly tho, 40 over is nothing.

I dare you to say that in court, that would be a great way to have your license chewed up and spat on, while you catch a taxi home without a license for 2 years.

[SKITTLES]

I dare you to say that in court, that would be a great way to have your license chewed up and spat on, while you catch a taxi home without a license for 2 years.

I know.

But still... Stupid circumstance is stupid.

[Samon]

In NSW we are guilty until proven innocent. Lucky us...

VIC too... and any more than 45km/h over and it's "hooning" which means they impound your car as well as 12 months loss of license...

35-45km/h it's 6months, 25-35km/h: 1 month

[Misanthrope]

My friend appeared in court for one of his employees. He thought they were very reasonable when you don't try to worm your way out and willing to plead guilty. I will still consider lawyer after your comment though.

I'll also stick to my plan and just go watch for a day next week or something to get a feel for how they work and how I should proceed.

Hope you get a positive outcome from this but I really think you should get a lawyer. I have personally been in similar situations to you and have had to go to court. Twice. Judges do like the defendant to have a lawyer do the talking. Its easier for them in terms of getting through 30 pointless boring cases a day. The lawyer will put your case to the judge and make you look a lot better than you would yourself. It also would pay to do a defensive driving course PRIOR to your court date. Having that as part of your lawyer's 'speech' will improve your result. If you have not done any volunteer work or community service...go and get some hours under your belt. Judges like that as well. Its actually better I think to present a positive character reference and have a list of commendable things about yourself than worming your way around a black and white guilty charge. The higher your reference status e.g. a doctor, politician, police officer e.t.c the better the value of your reference. The judge will look into all of these considerations before giving you a harsh penalty. Also...if your lucky and the 5-10 cases before you are serious drink driving offences...it makes you look better.

Good luck...hope this helps. 

[fungoolie]

So what made you decide to go it alone? No faith in the lawyers you spoke to?

[Beelzebub89]

I would be looking into a Special Hardship Order, I'm not entirely sure whether the are applicable in your situation but it is worth a look. I had one in 2008 represented myself in court, wrote up all the affadavits and got them signed etc and got it no problem.

The problem is you have to plead guilty and cop the fine/be disqualified before you can apply for a SHO after you have been disqualified you have 21 days to submit your application. Once the application is submitted you're given a date to appear in court and you're allowed to drive up until that date. So effectively the disqualification gets put on hold. If you're well prepared you can organise everything so you don't have any date other than the court date were you can't drive.

Here is the pdf from QLD transport which tells you everything you will need etc.

http://www.tmr.qld.gov.au/~/media/e084259c...rs_sep_2010.pdf

The timeline for my application went something like this

Got caught for running red light on April 28 2007 while on a Good Behaviour Bond. (There is a story behind this but will leave it out)

Took it to court - Court date set for August 2007

Found out about the SHO the day of court and plead guilty, 28 days to pay the fine and cop the disqualification

Prepared my SHO application and affadavits, got them all signed by my boss and witnessed by a JP

Paid my fine and lodged the application on the same day. Was given a date for the hearing in Jan 2008

Went to court with all my documentation etc. Judge granted SHO in 5 mins.

This is probably the best result you can hope for.

[Beer Baron]

yeah I would advise you to seek some form of legal representation too. they know how the machinery works, all the procedures, even little things like how to address the court etc.

your attitude is pretty good which is usually picked up by perceptive magistrates so that will help.

best of luck and hopefully you get a good outcome.

[eastes]

So what made you decide to go it alone? No faith in the lawyers you spoke to?

I spoke to 2 lawyers and they both weren't sure how to proceed. They gave some options, but neither were experts in this particular situation. I will definitely speak to another before court date. Will do defensive driving course and look at community service options.

Anyone had experience with insurance costs and and bad driving history?

[PSI-FED]

I spoke to 2 lawyers and they both weren't sure how to proceed. They gave some options, but neither were experts in this particular situation. I will definitely speak to another before court date. Will do defensive driving course and look at community service options.

Anyone had experience with insurance costs and and bad driving history?

yep, after getting pinged for >45kmh and getting disqualified for 6 months my already high premiums went up by around 35%

[eastes]

yep, after getting pinged for >45kmh and getting disqualified for 6 months my already high premiums went up by around 35%

35% is bareable. Not 1000% like another poster has warned.