Should I Challenge A 3Month License Suspension

[AlexanderWilde]

Hi everyone
I come for some advice on if I should i challenge a 3Month license Suspension

Please be gentle and take in consideration all details of this before slamming me for doing the wrong thing.

So last month I was coming from a gig I did late at night 1am driving on the M4 eastbound and took the off ramp at Prospect Hwy towards Blacktown.
After the turn I get pulled over and was fined for a recorded speed of 107 on a 60Km road.
turns out the Off-ramp is 60 even though the freeway is 100 I clearly did not slow down fast enough coming off the freeway

To be honest it was stupid of me not slowing down before the off ramp but everyone was flying past so I didn’t pay it much attention I started slowing down after the sign change to 60. The Cops were hiding somewhere in the bushes or on the overpass that is above the ramp.

For those that don’t know the off ramp it goes downhill not up so the speed change from 100 to 60 has to be done in a fairly small amount of space and with no aid from gravity which is why I assume the cops were there. Easy pickings from people like me that didn’t pay attention

I was polite and I told the cop I didn’t even notice the 60Km sign and I apologize for the mistake.

The Officer was not rude but acted very Transactional about the whole incident. Got license, printed ticket and that’s it.
now by the speed recorded it would be 47km over but the officer only marked ticket at 30km over so I assume he felt bad about the fact I did make a mistake and was not honing or street racing but rather just coming off from the freeway and didn’t slow down fast enough

I have paid the $800 fine and copped the 5 demerit points. But on top of that since it was 30km over I will have my license suspended for 3 months.
Should I challenge this in court or just cop it? By that I mean challenge the suspension not the fine.

Some extra history : I cannot request section 10 as I have 2 previous speeding tickets one 3 years ago the other 2 years ago both very small tickets I think one was 5km and one was 7 km over

I need to drive for work as I run my own business taking photos and recordings of events and to be frank I find the mistake I did not fair to be compared to people doing that speed on a normal 60km road honing

[GTR-N1]

I thought the eastbound offramp to Prospect Hwy was a very slight upwards incline actually Alexander (because Prospect Hwy is an overpass). Hmmm, maybe only the first 100m of the offramp is pretty even.

Anyway, there's a thread on this here NSW > Traffic Lawyers if you need to ascertain if you might qualify for a 12 month 1 point licence (option)?

On that thread...

* Abo Bob has been a former SAU.NSW President

* Yeedogga is a current Member

[FeZ25]

If you really do need the car for work, I'd say have a crack at challenging it, provided you're willing to pay for any expenses that may be required (I've never challenged one so I don't know about the costs)

But if you can get away with not using the car for a few months I'd say just cop it on the chin.

Either way, bad luck about the fine. Accidents do happen, I've been stung by them before.

[AlexanderWilde]

i stand corrected its actually the Off ramp at Reservoir Rd the one just after the McDonald's and service-station

[AlexanderWilde]

funny thing is i just checked Google maps and that offramp used to be 80Km....Makes me think the 60km change may have been for that exact reason ( fundraising ) bit disheartening
here is the location : http://goo.gl/maps/vn6vb
the road is long as well goes for almost 1Km

[AlexanderWilde]

my biggest concern is if i challenge it or more like plead guilty but request to still have my license im afraid the judge may say well u were over 45KM and push it to 6 months

[Darmanin10]

yeah your lucky you didn't get the 6 months and even larger fine

[BakemonoRicer]

From what I've been told...

There is an allowance of 2-3kmh for every speed bracket....

So if you're clocked doing 47-48kmh over...you'll be fined for 30kmh over. Say you're doing 32-33kmh over, you'll be fined for 20-30kmh.

Can't remember where I heard it but seems legit as it coincides with every story I've heard about people being fined for the "bracket under" as you have.

[AlexanderWilde]

From what I've been told...

There is an allowance of 2-3kmh for every speed bracket....

So if you're clocked doing 47-48kmh over...you'll be fined for 30kmh over. Say you're doing 32-33kmh over, you'll be fined for 20-30kmh.

Can't remember where I heard it but seems legit as it coincides with every story I've heard about people being fined for the "bracket under" as you have.

That is correct i know that by Law the Speed devices have a 3Km error range so the speed 107 recorded would be marked as 104 in a 60km road that is 44Km so it falls in the 30km and over but under 45km

like i said im not disputing that i was speeding and i made a mistake i own up to that. the part that bothers me is im going to be without a license for 3 months and this affects my business and main income.

if i would have acted recklessness and stupid and sped or hooned on a normal residential Rd that was 60 with that speed then i can understand the 3 month punishment but considering the circumstances i think that 3 months suspension is a bit harsh

Edited June 3, 2013 by AlexanderWilde

[GTR-N1]

The Cops were hiding somewhere in the bushes or on the overpass that is above the ramp.

For anyone else who's reading this, and travels that way, they're out of sight on the on-ramp from Maccas/Servo above the Reservoir Rd off-ramp.

[Daleo]

If you have paid the fine (effectively admitting fault), you may have eliminated any avenue of appeal regarding your license suspension.

Get in touch with Mark Stenberg; http://www.lawstop.com.au/

He is a traffic specialist, a rider, and car enthusiast.

He defended me in a potentially very serious matter earlier this year, and secured an excellent outcome for me.

He is a fantastic bloke and a very straight shooter. If you do speak to him; feel free to let him know that Dale Laughton recommended him.

Be aware that this sort of thing is quite expensive; but so are the potential repercussions of loss of license.

Good luck, Dale

[gtr jet]

I'd contest it if you need your license for work but if you've already paid the fine then I don't think there is much you can do.

Also, I didn't think it was legal for them to use a radar facing up or down hill?

[GTSboss]

Hey buddy, a friend of mine got caught a while a go, well over the limit, 6 month suspension, can't remember what happened with the $ 2500 fine think it was reduced not sure, but any way, he got himself a few character thingies, you know people saying that he's responsible and normally drives like a good little boy or something to that extent and he told em he needs to drive to work, so the suspension was lifted. I don't think they want to destroy your income just take as much of it as they can so I'd go to court and have a chat with da judge, worth a shot.

[GTR-N1]

How was his driving record in the previous 3 years?

[the spruce moose]

I'd contest it if you need your license for work but if you've already paid the fine then I don't think there is much you can do.

Also, I didn't think it was legal for them to use a radar facing up or down hill?

You are quite right that police aren't supposed to use radar on a downhill slope, but you would be surprised how often they do it anyway.

[ianjb]

The cops sit here ALL the time and yes it's a $$ raiser.

There is a difference between challenging the fine and asking for special driving circumstances for work. You've admitted fault already by paying the fine so no, don't bother challenging it. You just wont win. It's only 3 months anyway, it will be over before you know it

Rather, ask for a drive for work restriction thingy. If you've not been suspended in the past you'll most likely get it.

[Tats]

Call a solicitor, you're still on track as fighting the suspension means appealing the RMS decision not the fine itself. There is a difference (trust me!)

[dasic1]

There is no such thing

Rather, ask for a drive for work restriction thingy. If you've not been suspended in the past you'll most likely get it

[ianjb]

There is no such thing

Work licences are available in NSW - The Road Transport (Driver Licensing) Act 1998 states: ""restricted licence" means an authority to drive a motor vehicle issued at the direction of a court in Australia that authorises the holder to drive only in the course of his or her employment or in other specified restricted circumstances."

http://www.austlii.edu.au/cgi-bin/sinodisp/au/legis/nsw/consol_act/rtla1998340/sch99.html?stem=0&synonyms=0&query=employment

[gtr jet]

Same thing in Victoria. You can get the option to only drive during working hours. If you're caught outside of those hours its the same as unlicensed.