Incorrect Infrindgement Advice

[Driver]

Hi All,

I need some help!

I'll try shorten the story..

Basically I was playing designated driver in December last year and was on the way home with my girlfriend. About 100meters from my house I got pulled over for an RBT. I had a few drinks during the night but I knew I was well under the limit. So I blow into the breathalyzer and somehow miraculously blew 0.128! I then get told I now have to go to east perth police station to conduct further tests.. My girlfriend was not impressed and obviously I'm shitting myself. Since we were so close to mine I left my car there and my girlfriend just walked to mine while I got a shameful ride to the police station.

Anyway they take me to East Perth station and tell me all the legal info & tell me how drinking driving is bad etc & i'll be arrested for being that far over the limit. So I do the 2nd blood alcohol test (15-20min after my first test) and what would you know I blow 0.000. So after having NFI what was going on it pretty much turns out the machine they was faulty and that was all for nothing.

While I was there they decided to wack me something so they give me a $100 fine because the standard holden fog lights on my car were left on (A genuine mistake as it was still switched to AUTO-ON from a storm we had 2 days before).

About a week after that I had to go overseas for christmas and forgot to pay the $100 fine and wasnt going to be back in perth in time to pay it. I wait for my renewal which I just got and now they just decided to add a demerit point to the infrindgement notice and also charge me the standard late fee!

I called up the infrindgement management number and get some old lady who wouldnt allow me to get a word in for my reasoning & told me its too bad and you need to pay it. I tried calling back to get someone who would be reasonable and listen to my situation but she was the only one who I could get in contact with regarding this. It clearly states on the infrindgement notice that no demerit points were inccured for this.

So after doing absolutely nothing wrong, I got dragged through all of that and get wacked with $113 fine & a demerit point that I shouldnt have. I might add I was very curtious through the whole thing..

Can anyone assist or tell me what are my options? Do I really have to take this to court? I'd prefer not to..

Thanks in advance!

Brendan

[Dobz]

The only option is to pay it. Sure you got screwed around because of a dodgy breathalyzer but in the end you had your fog lights on when you shouldn't have.

[Driver]

Yes they fined me $100 and no points for the fog lights. But the renewal infrindgement came with a late fee and 1 demerit point.

Edited February 8, 2013 by Driver

[Dobz]

Maybe they spare you the point if you pay on time. You have to check the WA laws. For the same fine in Vic you'd get a point straight up.

[JH32]

Bit odd that you got a demerit point, and unreasonable too I think. The extra $13 I can understand but I would query the demerit point further. Perhaps go down there in person or call again and hope you don't get the same old biddy.

[PIG_31]

I think they might have made a mistake originally mate

Having fog lights on is $100 and 1 point in WA when there is no fog or hazardous weather

Edited February 8, 2013 by PIG_31

[NickM91]

But then again I have a friend who had a written letter from the bureau of meteorology saying that fog existed in the area and time she was booked for having fog lights on, and they still wouldn't budge on it, WA pol are the higher authority on weather..

[mickey]

Op there might be nothing you can do, police usually don't put how many demerit points you get because that's what usually annoys people. There's no requirement for them to inform you as it is the department of transport that handles the demerit points not the police. Out of courtesy they should fill in the box on the infringment.

Nick, you could contest it if you think your gf was justified but it's time consuming and costly...and the police know it.

I've contested drink driving matters and won, the machines aren't accurate all the time despite what the police have you believe.

[IEatPelicans]

$100 and 1 point is the correct penalty.

You should be able argue that the late fee should be removed because the police issued an incorrect infringement notice in the first instance and had to re-issue another one.