Fine Contesting.

ant · Post by **ant** » Thu Aug 31, 2006 5:17 pm

** LEAVING DATES ETC OUT SO THAT MR FRIENDLY POLICE MAN READING CAN'T DO SHIT **

Well - some of you may/may not know I got caught speeding twice in a short period.

First one meant that i lost my licence anyway.

Second one means that as it was second time over 20km/h in a year - it's double pionts. 3x over = 6 points. x 2 = 12 points.

Due to now having lost a number of points I've been offered a, wait: 5 MONTH suspension, or a 1 yr 12 pt good behaviour period.

That aside, on the letter today about my loss of licence it states I got fined on a date a few months back for speeding.

Turns out that this fine that was issued recently, was dated incorrectly,and also the time was wrong.

Is it worth pursuing this?, i have evidence stating that 15 minutes before the offence, I was in my car exiting my work building. The offence was committed on my bike 60 minutes from where its parked - at that stage I was 30 minutes from my bike - in the other direction.

I have card swipes showing me leaving the building, parking validation form showing me leaving. State dec from my boss saying he witnessed me leaving at said time.

aardvark · Post by **aardvark** » Thu Aug 31, 2006 5:49 pm

I assume it's a speed camera offence. If so, have you asked for the photo? The software used for reading number place does make mistakes!

Post by **MadKaw** » Thu Aug 31, 2006 6:13 pm

Also ask if the speed camera had been calibrated the day of the offence.
A precedence has been set in NSW after a court case last week.

http://www.smh.com.au/news/national/spe ... 49610.html

ant · Post by **ant** » Thu Aug 31, 2006 6:14 pm

aardvark wrote:I assume it's a speed camera offence. If so, have you asked for the photo? The software used for reading number place does make mistakes!

No - It was a handheld radar.

The point is that I WAS caught speeding just not on the day stated on the ticket. The ticket has been entered into the system incorrectly, thus changing my length of suspension due to total overall demerit points lost.

I'm trying to prove that I wasn't there at the time of the offence.

aardvark · Post by **aardvark** » Thu Aug 31, 2006 6:17 pm

Oh. I dont know about the other states, but in SA fines with mistakes can be withdrawn and re-issued.

ant · Post by **ant** » Thu Aug 31, 2006 6:21 pm

aardvark wrote:Oh. I dont know about the other states, but in SA fines with mistakes can be withdrawn and re-issued.

Is it worth pursuing then?

I-K · Post by **I-K** » Thu Aug 31, 2006 7:03 pm

ant wrote:...It was a handheld radar.

The point is that I WAS caught speeding just not on the day stated on the ticket. The ticket has been entered into the system incorrectly, thus changing my length of suspension due to total overall demerit points lost.

You've got a bit of contradiction happening there.

You say that you got done "twice in a short period", and that the error in the date of the second offence affects the length of suspension you receive.

Since the double points for a second offence kicks in for offences less than a year apart, where do you get the "short period" bit from?

You do understand that when they say "within a year", they mean a chronological year, not a calendar year, right?

Further, you say that "the ticket has been entered into the system incorrectly."

What does that mean; did the cop get the date wrong when he busted you, or is the date for the offence wrong on the notice of license suspension? Is the date on the original ticket you got on the day the same as on the notice of license suspension you just received in the mail?

Finally, when you say "So, is it worth pursuing then?", what do you mean? Are you trying to get out of the license suspension, the fine, or both?

If Qld works anything like NSW and the ACT, two jurisdictions in which I've had my license suspended, you only receive the notice of an upcoming license suspension if you've finalised the pertinent offences, ie. paid the fines. That tells me you've, likely, paid both of these fines.

Now, by paying a fine, you, effectively, agree that you've been done fair and square; otherwise, you'd've contested it in court, no? In other words, since you didn't question the incorrect date before, you can't quibble over it now.

That means your only option would be to launch into a sob story about why you need your license, but since you're being given the option of a 1-point good-behaviour license, anyway, the magistrate isn't going to want to hear it.

ant · Post by **ant** » Fri Sep 01, 2006 9:12 am

I-K wrote: You've got a bit of contradiction happening there.

You say that you got done "twice in a short period", and that the error in the date of the second offence affects the length of suspension you receive.

Since the double points for a second offence kicks in for offences less than a year apart, where do you get the "short period" bit from?

^^
The short period that I'm referring to is the amount of time between receiving the 2 fines. Both were in a close time frame to each other.

The second 20km/h over offence is double points, as they weren't in the same speeding range (ie 20-30,30-40 etc) the demerit points are different. By going into the system as an incorrect date, it REVERSES the dememerit points I should have received. ie. (Hypothetically) instead of receiving 6 points for first fine, 4 for the second, then another 4 as it's double points for the second offence over 20km/h (Tottal of 14 points).

Instead of receiving abovementioned points, tt has gone into the system as 4 for first fine, 6 for second, then 6 for more than 20km/h twice in a year (the double points part) therefore equaliing 16 points.

This in turn changes the total suspension period offered.

You do understand that when they say "within a year", they mean a chronological year, not a calendar year, right?

^^ Yes

Further, you say that "the ticket has been entered into the system incorrectly."

What does that mean; did the cop get the date wrong when he busted you, or is the date for the offence wrong on the notice of license suspension? Is the date on the original ticket you got on the day the same as on the notice of license suspension you just received in the mail?

Ticket is illegible. Offence date on suspension letter states a differnet day/date.

Finally, when you say "So, is it worth pursuing then?", what do you mean? Are you trying to get out of the license suspension, the fine, or both?

I'm not trying to get out of the fine, I admit that I did the wrong thing by speeding. I just want it resolved as it changes my total points loss, therefore affecting my licence suspension.

Stereo · Post by **Stereo** » Fri Sep 01, 2006 12:44 pm

Everything is worth contesting...

aardvark · Post by **aardvark** » Fri Sep 01, 2006 12:56 pm

Stereo wrote:Everything is worth contesting...

Maybe not the "Australia's Ugliest Person" contest, where all you get if you win is a rotten fish and a deflated beach ball.

Duane · Post by **Duane** » Fri Sep 01, 2006 1:00 pm

aardvark wrote:
Stereo wrote:Everything is worth contesting...
Maybe not the "Australia's Ugliest Person" contest, where all you get if you win is a rotten fish and a deflated beach ball.

I'm not so flash on rotten fish, but it's worth it for the deflated beach ball!!! contest until theres no air left in your lungs and you can't inflate it!!

rocketrod · Post by **rocketrod** » Fri Sep 01, 2006 5:54 pm

Mate you have said you were speeding,so why not cop it sweet and pay your penance?
Look i reckon the speeding fines are to harsh too,but you know the penalties before you go out,you speed,you get caught you wear it,simple as that really.
I did my brief for 12 months for doing 150 in a 100 zone and i was cursing and spitting chips at the time,but after i have had time to think about this,i knew the concequences,got caught,so its my own stupid fault.

FrogZ · Post by **FrogZ** » Fri Sep 01, 2006 6:03 pm

..I think you will find they will just redate and reissue (it happens in Qld all the time). Or they will ask who WAS riding the bike as it was obv booked at that time and SOMONE gave them your licence and name.
I mean go for it by all means but service the pushy just in case

ant · Post by **ant** » Fri Sep 01, 2006 6:43 pm

I dont think any of you are getting the point.

Yes, I was speeding.
Yes, I know I was wrong.
Yes, I'm ashamed of it.

The point is that by incorrectly issuing the ticket, it changes my licence suspension around. Changes it from 3 months to 5 months.

That's the main reason I'm fighting it.

Post by **dave#3** » Fri Sep 01, 2006 10:40 pm

ant wrote:I dont think any of you are getting the point.

Yes, I was speeding.
Yes, I know I was wrong.
Yes, I'm ashamed of it.

The point is that by incorrectly issuing the ticket, it changes my licence suspension around. Changes it from 3 months to 5 months.

That's the main reason I'm fighting it.

So fight it brother and let us know how you go. I think you actually have a case to be made for reducing your suspension to 3 months (from 5) if everything you say is correct.