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Some info in regards to speeding infringements.

ferni

By ferni,
in Victoria

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ferni Grand Master

ferni

Posted
Posted

Stolen from http://www.roadlegaloz.com.au/phpbb/viewtopic.php?t=3

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If you have recently received a speeding fine, but have been a good driver in the past, you can apply for a second chance.

Victoria Police has the power to let drivers off with a caution.

Each application for a caution is judged on a case-by-case basis.

You can apply for a caution if you:

* Have held a full drivers licence for the past 3 years

* Have had a clean driving record for the past three years (no speeding or other traffic fines)

* You were caught doing less than 15kph over the speed limit (say 72kph in a 60 zone)

* Have not had a previous warning

You can write to the Civic Compliance Victoria and ask for a caution.

You need to admit that you were speeding.

VicRoads keeps a demerit point register for driver licences.

If you lose 12 or more demerit points in any 3 year period, you run the risk of losing your licence.

Upon getting 12 points, you will be invited to suffer a licence suspension for 3 months, or else you can undertake a 12 month "bond".

If you incur any further points within the 12 month bond period, you will lose your licence for at least 6 months.

Demerit points are recorded in respect of selected offences when any of the following events occurs:

* you pay the on-the-spot fine,

* the PERIN Court makes an Enforcement Order because you haven't paid the fine, or

* you are charged with an offence and found guilty by a Court - with or without conviction, (for offences committed after 1.5.99)

* you are charged with an offence, found guilty and convicted (for offences committed prior to 1.5.99)

There are often ways to avoid losing your licence or to avoid losing demerit points.

If you pay the fine, you will incur any demerit points applicable to the offence.

You can not un-pay the fine.

Therefore, if in doubt, don't pay the fine.

If you need your drivers licence and want to avoid a suspension (for loss of demerit points or for any other reason), then get some legal advice.

The earlier you get advice, the better your chances of saving your licence.

This is a complicated and unusual area of law and many lawyers are not familiar with it.

Not many people choose to see lawyers about traffic and parking fines.

Your family or local lawyer may not have experience in this area so don't be put off if the first lawyer you go to is not interested or is unhelpful.

If you object to the fine, there are two ways you can have the matter referred to a court for determination.

First, if you have failed to pay the fine, and ignored the courtesy letter that follows it, you may find that the PERIN Court makes an enforcement order against you.

Upon the making of this order, you will incur any applicable demerit points.

It is possible to have this order set aside by contacting the PERIN Court and making an application to the registrar to revoke the order.

You will have to state your reasons in a statutory declaration.

If the order is revoked, the demerit points are then cancelled and the infringement is referred to the Magistrates Court for determination.

You will then have a normal court hearing and will have an opportunity to defend the charge.

Alternatively, you can lodge notice of objection to the enforcement agency within 28 days of receiving your courtesy letter (or if the fine is for drink driving or excessive speed, then you must lodge the objection before the licence suspension/cancellation period commences).

The lodging of an objection causes the infringement notice to be replced by a charge and summons to have the matter heard in court.

The preferred course may depend on the nature of the infringement notice, the nature of the offence and your circumstances.

By sending notice of objection you cancel the infringement notice.

If the infringement notice has any defect that you wish to rely on, it is important that no objection is lodged.

Not every mistake in the infringement notice will render it invalid, but if some essential ingredient in the notice is missing or incorrect, then the notice may be invalid.

If you lodge an objection the matter will proceed to court on a charge and summons and the infringement notice will then be irrelevant.

If you have a drink driving infringement or an excessive speed infringement (more than 30kmh over the limit) then you must serve notice of objection within 28 days of the date of the infringement notice, otherwise there is no opportunity to defend the matter and your licence will be suspended (assuming the Infringement Notice is not defective and invalid).

If the alleged offence took place prior to 1 May 1999 (even if the court case is after that date) then no demerit points will be recorded against you if the court does not convict you for the offence.

It is possible for the court to fine you without a conviction or to record a bond.

In either of these cases no demerit points should be recorded against you.

For offences since 1 May 1999 you will receive demerit points if the court finds you guilty.

The only way to avoid demerit points is to avoid a finding of guilt.

If your licence has been suspended for non-payment of parking and/or traffic fines, you have the right to lodge an appeal against the decision to suspend your licence and you are permitted to drive pending the hearing of the appeal.

The appeal is heard in the Magistrates Court.

VicRoads will defend the appeal and VicRoads will usually obtain costs orders against you if your appeal is not successful.

The grounds of appeal are restricted to questions relating to whether or not the demerit points have been recorded against you correctly.

There is generally no opportunity to re-litigate the offences giving rise to the demerit points.

There is also the possibility that the infringement notice served on you has errors in it and if so it is not a proper infringement notice and not capable of resulting in demerit points being recorded or in any licence loss.

The great majority of infringement notices issued prior to 1 May 1999 had fundamental inherent defects in them and they did not comply with the law.

An infringement notice issued after 1 May 1999 may still have errors.

An experienced lawyer should be able to determine if the notice is valid or not.

ferni Grand Master

ferni

Posted
  • Author
Posted

A mate has actually done the second chance thing - sent in the fine payment with a letter asking for a second chance etc.. since he had a good driving history they gave it to him - refunded the money.

NS2500 Experienced

NS2500

Posted
Posted
A mate has actually done the second chance thing - sent in the fine payment with a letter asking for a second chance etc.. since he had a good driving history they gave it to him - refunded the money.

My dad did this too. He got done on a camera for the first time in 20+ years, and heard that this was available. So he sent in a letter.

Unfortunately, a week later he gets done again, same camera, same location. So he used the refund cheque to pay for the new fine!

NS2500 Experienced

NS2500

Posted
Posted
umm, what if you have a clean driving history.. and a cop pulls you over for doing 60km over the limit.. any chance of getting your license back? if you were suspended on the spot? btw.. this is a P plater question...

No chance whatsoever. How many years clean driving could a P-plater have? 1 or 2 maybe?

ferni Grand Master

ferni

Posted
  • Author
Posted
umm, what if you have a clean driving history.. and a cop pulls you over for doing 60km over the limit.. any chance of getting your license back? if you were suspended on the spot? btw.. this is a P plater question...

From my original post:

You can apply for a caution if you:

* Have held a full drivers licence for the past 3 years

* Have had a clean driving record for the past three years (no speeding or other traffic fines)

* You were caught doing less than 15kph over the speed limit (say 72kph in a 60 zone)

* Have not had a previous warning

The reason i looked into it is because my gf (rush) got done for 62 in a 50 zone 13minutes apart (on the way to doctors and back) same camera - thats a bit harsh.. Fair enough she was doing the wrong thing 62 in a 50 zone (which she thought was a 60 zone) but twice withing 13 minutes is soooo harsh and i think some kind of leanency should be shown there - has anyone else had anything like that happen to them before? being caught by the same speed camera withing minutes? What did you do about it?

Al Grand Master

Al

Posted
Posted
My dad did this too. He got done on a camera for the first time in 20+ years, and heard that this was available. So he sent in a letter.

Unfortunately, a week later he gets done again, same camera, same location. So he used the refund cheque to pay for the new fine!

:stupid:
INASNT Grand Master

INASNT

Posted
Posted

Another way to get out of bogus 5km/h over the speed limit fines is to get someone with a clean driving record to sign the stat dec at the back of the form to say they were driving the car. Then when they get the infringment naming them as the driver write the letter in and get away with no fine and a warning. Mums/auntys etc are good for these :rofl:

DivHunter Grand Master

DivHunter

Posted
Posted
Another way to get out of bogus 5km/h over the speed limit fines is to get someone with a clean driving record to sign the stat dec at the back of the form to say they were driving the car. Then when they get the infringment naming them as the driver write the letter in and get away with no fine and a warning. Mums/auntys etc are good for these ;)

If you were not IDed at the scene no need for that a stat dec of 'wasn't me, dunno who' will suffice and no one gets a dirty record :) After all what they are doing is in direct violation of the constitution - innocent till proven guilty not the other way around :rofl:

Jax Collaborator

Jax

Posted
Posted

Hey, INASENT and Divhunter..............BE QUIET!!!!! Even if you're right, you can stuff it up by publicising it and/or boasting about it. If the "powers" think that sort of thing is rife, they're likely to legislate away the present relief measures. AND BEFORE anyone even thinks of signing a false Stat Dec., you better have a look at the penalties. Aunty might not survive them.

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