Advice for speeding, loss of license

ar3nbe · 10-01-2006, 12:33 PM

Morning all,
Last night travelling along the M5 i was done for speeding. 130 slowing down to 122 in a 90 zone. Stupid yes i know. Was there a reason ? Yes. But would the police accept it, i doubt it.

Anyway, thats a $550+ fine and 4 points, but being a P plater i only have 4 points and that equals three months loss of license. I have learnt me lesson, and i do rarely speed, if at all.

However, i am asking for advice. What should i do? I can pay the fine, and get my three months disqualification, or i could contest it. First time offence, been driving for 8 months.

Please dont flame me, or call me an idiot as i am already well aware of this. If you want to post, please make it constructive. I could do with all the help i can get.

Thanks in advance.

Casper · 10-01-2006, 12:35 PM

I cant see you successfully contesting it, 32kph over the limit on P plates is amost impossible to argue to a court of law. The best you could get is some sort of deal to allow you to continue to drive purely for work related reasons.

Live and learn I guess but I think you will have to cop the 3 months and live with it.

guym · 10-01-2006, 12:40 PM

buy a push bike, sorry no sympathy. Was the excuse good enough to put your and other lives at risk.

HLC · 10-01-2006, 12:47 PM

Quote:

Originally Posted by ar3nbe

Morning all,
Last night travelling along the M5 i was done for speeding. 130 slowing down to 122 in a 90 zone. Stupid yes i know. Was there a reason ? Yes. But would the police accept it, i doubt it.

Anyway, thats a $550+ fine and 4 points, but being a P plater i only have 4 points and that equals three months loss of license. I have learnt me lesson, and i do rarely speed, if at all.

However, i am asking for advice. What should i do? I can pay the fine, and get my three months disqualification, or i could contest it. First time offence, been driving for 8 months.

Please dont flame me, or call me an idiot as i am already well aware of this. If you want to post, please make it constructive. I could do with all the help i can get.

Thanks in advance.

you're gone. cop it on the chin, and be grateful that it is only a 3month suspension etc.

10-01-2006, 12:56 PM

What part of the M5 were you on thats 90ks. I'm guessing before the tunnel part citybound?

Just take it like a man. Was there any mistakes on the fine you got?

klawsterfobik · 10-01-2006, 01:00 PM

8 months is NOT a very long time to have been driving... and 130 in a 90 zone is well above the limit. Too far IMO to be granted leniency. I would be asking for "drive to work" permit only... if your work is a decent distance from your house.

Otherwise pay the fine, and hopefully have enough for a pushy. Its a great way to exercise...

And i cant seriously believe that you have learnt your lesson if your looking for ways to get out of it...

Sagerian · 10-01-2006, 01:04 PM

Did the cop pull you over and issue you a fine or you reading that figure ($550 + 4pts) off the website?

30k over is an instant suspension of license for 3 months as far as I know. You'll still have your points at the end of the 3 months. I'd consider that pretty lucky, don't fight it.

10-01-2006, 01:16 PM

If its absolutly critical that you can't lose your licence for work and it was taken by a speed camera, ie not pulled over, ask your parent to cop the points, you pay the fine plus pay your parents to say thankyou and ask them to give you a flogging.

XA-Coupe · 10-01-2006, 01:25 PM

Quote:

Originally Posted by BlackLS

If its absolutly critical that you can't lose your licence for work and it was taken by a speed camera, ie not pulled over, ask your parent to cop the points, you pay the fine plus pay your parents to say thankyou and ask them to give you a flogging.

It's always good to see honesty rates high with some people. I get the feeling at that rate you lose your license even if you aren't a P plater.

Go and see a solicitor... even though I think you are screwed ( and deservedly so ) you should get some professional legal help.

Insert the usual carry on here ---->

Gunns · 10-01-2006, 01:28 PM

Sorry you will have to cop it on the chin. If its sympathy you are after you will find it in the dictionary between S!it and Syphilis

lisa76 · 10-01-2006, 02:48 PM

I'm in NSW, so could be different here, but this was my brother's experience:
He got caught doing 60+ in a 50 zone whilst on his L's. He went to court and argued it on the grounds that the speed sign had recently been altered to make it from a 60 zone to a 50 zone, only when they changed the sign they didn't put a new one up they had merely stuck a 5 sticker over the top of the 6 and from a distance he said he still thought it was 60 and had other people to say the same. The magistrate accepted this excuse and waived the fine but his points loss still stood.

If you'd had alot more years driving under your belt than you could try for a caution but I wouldn't hold my breath at that speed. I got caught doing 79 in a 60 and wrote away to the Infringement processing bureau and I got mine downgraded to a caution, but I had been driving for 12 years without incident prior to that.

I don't think you have much chance I'm sorry - your amount over the limit was pretty large in comparison to my brother's.

ar3nbe · 10-01-2006, 03:40 PM

Thanks for all that so far. It is pretty much what i thought, but hey if there was a way to 'downgrade' the fine/points there was no harm in trying.

But, strange thing is when i was pulled over the officier did not once mention any loss of points, or disqualification period. He just told me in future to drive carefully :S. What are peoples thoughts on this, as someone above said it was an instant disqualification.

HLC · 10-01-2006, 03:46 PM

try writing a letter and use "it was an uncharacteristic momentary loss of concentration" got my dad off a 91 in 70 zone fine.

tex · 10-01-2006, 04:01 PM

Not sure if you have the same scheme where you are, but in Tas you can apply to have a "second chance" licence. (there is a proper name for it but I can't remeber what it is)
I mean, you can continue driving (with effectively NO points) and if you are caught for ANYTHING that would result in demerit points, you cop the initial disqualification period X 2, which in your case would be 6 months. (And X 2 the points which comes off your next re issued licence, oh, and X 2 the fine)
This has got a few people I know out of the ИИИИ, but each case is judged on its merits and is not always granted)

Feathers · 10-01-2006, 04:01 PM

You have to have had at least 10 years clean driving record to get off with a caution.

peedee · 10-01-2006, 04:28 PM

I guess with 8 months driving you are a red P plater and as such 90 is your speed limit so even if the road speed had changed you would have been up the creek without a paddle any way, as I keep trying to tell my daughter who is on her green P's but still insists on travelling at 110 on the freeway when restricted to 100
wear it and learn from it.

xwgthoe · 10-01-2006, 04:37 PM

You could in fact end up walking for more than 3 months, one lot for exceeding the speed limit then 'cop' another lot for exceeding your points. The Bicycle Super Store has a sale on I hear.......Sorry no sympathy!

ar3nbe · 10-01-2006, 04:49 PM

Guyz, im not looking fot sympathy, so theres no need to say you aint giving me any.

Ill just cop this on the chin, theres not much else that could be done. I just want to clear one thing up. I wasnt traveling at that speed for the whole distance of the M5, in fact i was averaging about 85-95 from the King Georges Rd on ramp to the Kingsgrove overpass. In order to avoid what i believe to be a potential incident i could either speed up or slow down, i chose the former which has lead to where i am now. Do i regret it ? No, only because i believe i did the right thing, but if i had my time again i would of choose the slow down option. Its just ironic that i take that road at a smilar time about 4 - 5 times a week and never once seen a hand held radar, and that one night, where i actually do something wrong it was there.

The fine is no biggy, the loss of license, i can always survive (i survived 17 years). I personaly thing the biggest loss is the fact now i am a under 25 Male driver who lost his license due to speeding. Goodluck getting insurance.

Your posts so far have been informative, and i thankyou for this. Feel free to continue posting if u wish.

xbgs351 · 10-01-2006, 04:59 PM

Did you explain the reason to the police officer who pulled you over?

Sagerian · 10-01-2006, 05:02 PM

Quote:

Originally Posted by ar3nbe

Thanks for all that so far. It is pretty much what i thought, but hey if there was a way to 'downgrade' the fine/points there was no harm in trying.

But, strange thing is when i was pulled over the officier did not once mention any loss of points, or disqualification period. He just told me in future to drive carefully :S. What are peoples thoughts on this, as someone above said it was an instant disqualification.

Sorry that was me.

A former friend of mine went 30 over and said he didn't lose any point (dubious on that, dunno if he was BS'ing) but that he recieved a letter in the mail informing him that his license had been suspended and the dates he was exluded from driving, so it's not instant in that sense. I was just saying that regardless of the points loss, over 30k is a 3 month holiday.

Remember that kids, cos that rhymes.

ar3nbe · 10-01-2006, 05:07 PM

Quote:

Originally Posted by xbgs351

Did you explain the reason to the police officer who pulled you over?

Ofcourse i did, but he went on about dosnt matter if you were overtaking, if the other vechicle was doing 90, you shoud of just slowed down and backed off.

Its fair enough, but you would think that maybe there would be some sort of understanding from the officer. But none at all.

Redrum · 10-01-2006, 05:07 PM

The question is what are you contesting?

How did the police officer determine your speed. Was it via mobile radar, did he follow you at an equal distant/speed or was it his estimation etc.

Have you made admissions to the officer and if so was another person there to hear your comments. A lot of traffic officers carry micro cassettes/recorders etc as they work one up, to save them from complaint files.

Basically you have made admission to the offence here and as you are obviously at fault to contest it would by straight out lying. You can try and argue to a Magistrate your circumstances but a lot of speed infringements have a minimum statutory penalty and Magistrates' have no choice but to enforce it.

Best advice is as XA Coupe said, seek legal advice and options.

ar3nbe · 10-01-2006, 05:14 PM

Quote:

Originally Posted by Redrum

The question is what are you contesting?

How did the police officer determine your speed. Was it via mobile radar, did he follow you at an equal distant/speed or was it his estimation etc.

Have you made admissions to the officer and if so was another person there to hear your comments. A lot of traffic officers carry micro cassettes/recorders etc as they work one up, to save them from complaint files.

Basically you have made admission to the offence here and as you are obviously at fault to contest it would by straight out lying. You can try and argue to a Magistrate your circumstances but a lot of speed infringements have a minimum statutory penalty and Magistrates' have no choice but to enforce it.

Best advice is as XA Coupe said, seek legal advice and options.

The form says "lidar" whatever the hell that is, but it looked like a hand held radar. He showed me the speed recording of 123. There was no way i could say i wasnt going that speed, because it was recored. I jst gave him my reason, and the usual, i didint know it was that fast at all, i was more concerned about getting out of trouble. Thats when he said about the going over 90 etc.

What was i going to contest, i was considering maybe something along the lines of first time pulled over, out of character and the reason why i was actually speeding it. But from what ive read, that pretty much is a no-no for a P plater. So coping it on the chin looks like the best bet.

**ebxr8240** · 10-01-2006, 05:43 PM

Put it down to experiance...

Sagerian · 10-01-2006, 05:43 PM

People might bag you out for being over the limit, etc. But copping it on the chin is one of the most honest things you can do and I'm sure people will respect you for that.

ar3nbe · 10-01-2006, 05:59 PM

Quote:

Originally Posted by Sagerian

People might bag you out for being over the limit, etc. But copping it on the chin is one of the most honest things you can do and I'm sure people will respect you for that.

Thankyou Sagerian, u sound like a real good bloke.

Just me thoughts once more after reading on the rta website. I should loose my license for 3 months for doin 30+. But, furthermore, the RTA site says this "In addition to the suspension and disqualification periods, these offences also carry demerit points which are added to the licence holder’s record. If the licence holder reaches or exceeds their demerit points limit, these points may contribute to an additional suspension or refusal period."

That equals 6 months, which is, well alot. My question is if i get my green Ps before they take my points away, will i still be alowed to drive. Example, i have 7 points on my green Ps, so loosing 4 will result in 3 points left. This is just a thought, to perhaps reduce my suspension from 6 to 3 months but i am not quite sure on the exact NSW procedure. I do however know i can drive untill i recive the letter saying that ive been suspended. And that letter comes after i pay the fine.

xr8ute · 10-01-2006, 06:06 PM

I lost my license when I was on my P's for more than 30 over as well...I was genuinely speeding, and the speed they measured me at was pretty spot on so I didn't contest it.

It took about 5 months from the time of the offence before I got the letter in the mail to tell me my license would be suspended in another couple of weeks time.

I've never had any problems getting insurance since then, I just pay alot more it ;)

DO NOT be tempted into driving at all during your suspension, it gets sooo very bad if you are caught doing something as stupid as that. They are always checking licenses at RBT's and the good old "random-pull-over-the-P-plater" inspection. You will get caught, and your life wont be worth living (almost).

You'll be fine, just put it down to life experience...and dont do it again.

xr8ute · 10-01-2006, 06:08 PM

Yeah, hurry up and get your green P's, it can't hurt. How soon can you get them?

My suspension at the time was 1 month for >30 over, and 3 months for having maxed out the points on my license.

Sagerian · 10-01-2006, 06:12 PM

Quote:

Originally Posted by ar3nbe

Thankyou Sagerian, u sound like a real good bloke.

Just me thoughts once more after reading on the rta website. I should loose my license for 3 months for doin 30+. But, furthermore, the RTA site says this "In addition to the suspension and disqualification periods, these offences also carry demerit points which are added to the licence holder’s record. If the licence holder reaches or exceeds their demerit points limit, these points may contribute to an additional suspension or refusal period."

That equals 6 months, which is, well alot. My question is if i get my green Ps before they take my points away, will i still be alowed to drive. Example, i have 7 points on my green Ps, so loosing 4 will result in 3 points left. This is just a thought, to perhaps reduce my suspension from 6 to 3 months but i am not quite sure on the exact NSW procedure. I do however know i can drive untill i recive the letter saying that ive been suspended. And that letter comes after i pay the fine.

Aww, cheers for that.

I've heard stories that if you got your green p's before you pay the fine, the points will be docked according to how many you have on your green p's. It really can't hurt to get your greens asap.

I have a feeling that with the 30+ it'll only be 3 months despite the points loss but others have said different. Might be worth ringing the RTA and checking. At least you'll know what you're in for.

falcon91 · 10-01-2006, 06:29 PM

Excuse my ignorance but what are "Green P plates"
Also I thought 30k over the limit was instant disqual for 3 months?
Maybe just in SA or maybe I don't know what I'm Talking about/
Do P plates still last 12 months and then full licence?????