appealing an infringement
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  1. #1
    Tadpole
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    Default appealing an infringement

    Got done for < 15k over the limit recently near Hay. Unmarked car, travelling in the opposite direction. My speedo showed 110Km/hr when he flashed me. Tried explaining that I had just (in the last 40 seconds or so) overtaken a car that was beng driven erratically, and in my opinion dangerously so. Showed the cop the trip computer average of 93Km/hour over 450km distance travelled. Explained that to overtake safely one needs to watch the road and not the speedo. Traffic was non existent, road excellent, and weather good. Made no difference. I think the cop just wanted to write an infringement. Add to this that 10km down the road the speed limit became 110km/hour, no other change in conditions detectable.

    So, wrote an appeal and sent it in, explaining all of the above. Got a letter back saying infringement was correctly issued, but under the circumstances a caution would be appropriate. Am now getting my money, and presumably points, back.

    What have I learnt from this? You can appeal an infringement if you have a good story, but I suspect you only get to do this once and only for a minor offence. You would be breaking the law to exceed the speed limit while overtaking, even though every driving instinct you may have screams get out, get past, and get back in again as quickly as possible.

    Whats the experience here? Am I alone in feeling scared, very scared, at the prospect at crawling past another vehicle just so some over zealous cop with a book of tickets to write for a shift won't nail me?

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    As far as speed limits go I generally don't exceed. Depending on the distance the actual travel time difference amounts to nothing anyway.

    Lastly, to keep the topic police at bay, all this happened in a Citroen...

    Fred.

  2. #2
    Moderator Alan S's Avatar
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    There's a section of the Bruce Highway near Pomona that is constantly covered in a Radar/speed camera at the end of a divided highway. The section is 500metres long; if a car is travelling at 90 KPH and another tries to pass at 100 kph, the experts reckon it takes 2.6 klms to get past.
    Ex Police Minister McGrady (Affectionately known as Boofhead McGrady by anyone who ever dealt with him) could see no danger in enforcing this & issuing tickets. I think I may have got through his bloody thick Irish skull when I described to him what happened when I was following a car carrier who tried to pass an old guy in a wank tank towing a caravan at between 75 & 90 kph...75 in the single lane area, 90 when he hit the double lanes.
    The result was that the truck kept on going as he had hit the point of no return, the old boy didn't back off & when oncoming traffic appeared, the truck had no option but to pull across sending daddyo, wank tank & caravan into the scrub.
    OK, the old boy wasn't showing any great amount of courtesy, but the situation was created due to what can be best described as "Official Stupidity."
    It was being done as a matter of road safety for our own good apparently & had absolutely nothing to do with revenue raising.
    Had the truck been able to 'wind up' prior to the dual roadway & hit say 110 as he past. no problem. It was a hard case for them to argue and it has to be something dramatic for them to take notice; after all, they aren't the sharpest tools in the box.


    Alan S
    If it ain't broke, use a 12" shifter.....that usually does the trick!!

  3. #3
    1000+ Posts George 1/8th's Avatar
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    Quote Originally Posted by fred45
    Got done for < 15k over the limit recently near Hay. Unmarked car, travelling in the opposite direction. My speedo showed 110Km/hr when he flashed me. Tried explaining that I had just (in the last 40 seconds or so) overtaken a car that was beng driven erratically, and in my opinion dangerously so. Showed the cop the trip computer average of 93Km/hour over 450km distance travelled. Explained that to overtake safely one needs to watch the road and not the speedo. Traffic was non existent, road excellent, and weather good. Made no difference. I think the cop just wanted to write an infringement. Add to this that 10km down the road the speed limit became 110km/hour, no other change in conditions detectable.

    So, wrote an appeal and sent it in, explaining all of the above. Got a letter back saying infringement was correctly issued, but under the circumstances a caution would be appropriate. Am now getting my money, and presumably points, back.

    What have I learnt from this? You can appeal an infringement if you have a good story, but I suspect you only get to do this once and only for a minor offence. You would be breaking the law to exceed the speed limit while overtaking, even though every driving instinct you may have screams get out, get past, and get back in again as quickly as possible.

    Whats the experience here? Am I alone in feeling scared, very scared, at the prospect at crawling past another vehicle just so some over zealous cop with a book of tickets to write for a shift won't nail me?

    As far as speed limits go I generally don't exceed. Depending on the distance the actual travel time difference amounts to nothing anyway.

    Lastly, to keep the topic police at bay, all this happened in a Citroen...

    Fred.
    Hey Fred...what type of Citroen were you driving?
    ( And why not add that to your profile?)
    Cheers....George

  4. #4
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    Putting in a Plea is always a good option, especially where you feel agrieved at the circumstances of your booking.

    I must say that as a cynic I am rather amazed that the prosecutions officer upheld your plea AFTER you had actually paid the infingement notice. [They have a concience and a heart after all!!!!!!]

    The usual test of course is, can the prosecution succeed if the person elects to have the matter heard in court. If not, or there is a reasonable prospect that the plea will reduce the gravity of the offence to the point of dismissal or nominal penalty, I could understand why they may accept your plea. But to have the money in hand and then refund it!!

    Just shows that it is worth putting pen to paper (sometimes!!) Well done.


    Ken

  5. #5
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    I'm currently through the process...

    Red light camera... Though i swear it was well & truely orange when i went thru, only turned red when i was 2/3 of the way thru...
    Seven years of driving, not ONE SINGLE OFFENCE! EVER!
    It was 12:40am (early morning)...
    appealed & now going to court...

    Using the 1st offence & driver training classes to help also!

  6. #6
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    HOWS THIS!!!

    Spoke to a chic at an Ian Luff course...

    "Why are you here?"
    "i got done for DUI, the judge said he'd let me off if i passed this course"

    and she couldnt drive for crap!!!
    i dont think they really give you a pass/fail or certificate based on your performance

    How the hell does DUI equate to driver skills anyway???

  7. #7
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    There's a good article on all of this in this month's issue of Motor magazine. Have a read!

    You were lucky to get off. I once got pinged after setting my speed according to one of those speed check devices they have on Victorian Freeways. Told the cop the story, and he just shrugged and said the speed checks don't work properly.

    I'm well and truly p'd off at the whole speed revenue thing, and will be voicing my anger at the next State election. But what can I as an individual do?

    Damien

    Quote Originally Posted by fred45
    Got done for < 15k over the limit recently near Hay. Unmarked car, travelling in the opposite direction. My speedo showed 110Km/hr when he flashed me. Tried explaining that I had just (in the last 40 seconds or so) overtaken a car that was beng driven erratically, and in my opinion dangerously so. Showed the cop the trip computer average of 93Km/hour over 450km distance travelled. Explained that to overtake safely one needs to watch the road and not the speedo. Traffic was non existent, road excellent, and weather good. Made no difference. I think the cop just wanted to write an infringement. Add to this that 10km down the road the speed limit became 110km/hour, no other change in conditions detectable.

    So, wrote an appeal and sent it in, explaining all of the above. Got a letter back saying infringement was correctly issued, but under the circumstances a caution would be appropriate. Am now getting my money, and presumably points, back.

    What have I learnt from this? You can appeal an infringement if you have a good story, but I suspect you only get to do this once and only for a minor offence. You would be breaking the law to exceed the speed limit while overtaking, even though every driving instinct you may have screams get out, get past, and get back in again as quickly as possible.

    Whats the experience here? Am I alone in feeling scared, very scared, at the prospect at crawling past another vehicle just so some over zealous cop with a book of tickets to write for a shift won't nail me?

    As far as speed limits go I generally don't exceed. Depending on the distance the actual travel time difference amounts to nothing anyway.

    Lastly, to keep the topic police at bay, all this happened in a Citroen...

    Fred.

  8. #8
    who? when? huh? GTI124's Avatar
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    If you've never been booked before, you always write a letter saying that it was a lapse of concentration and you've worked hard at your clean record, blah blah blah. You will get off. I got off on a red light camera that was a genuine mistake. Similar to Nate, it was 5AM, noone on the road. Thought I was doing 60kph, light went orange I continued, didn't even touch the accelerator, realised as I hit those white lines that I was doing 45kph! oops! Deemed it safer to proceed than try to stop on cold brakes.

    However, I have since learnt that a red light camera takes two photos, one as you go over the line and one to confirm that you went through the intersection. So I should've stopped and pulled the car up in the middle of the intersection and I would not have been booked at all.

    Nate, I'm not sure why you're going to court instead of writing a letter of appeal in, though. Have you written a letter and that failed? You don't want to incur court costs, do you? I mean the court will probably through it out right away, but best try and resolve it through a letter first.

    Yesterday my luck finally caught up with me and I got pulled over for speeding for the first time in Oz, on the way back to Adelaide from Port Augusta. Appareantly I was doing 1122kph in a 110kph zone. I got issued with a caution. I'm still yet to get booked for speeding in Oz.
    Last edited by GTI124; 3rd March 2004 at 10:50 AM.

  9. #9
    Real cars have hydraulics DoubleChevron's Avatar
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    Quote Originally Posted by GTI124
    If you've never been booked before, you always write a letter saying that it was a lapse of concentration and you've worked hard at your clean record, blah blah blah. You will get off. I got off on a red light camera that was a genuine mistake. Similar to Nate, it was 5AM, noone on the road. Thought I was doing 60kph, light went orange I continued, didn't even touch the accelerator, realised as I hit those white lines that I was doing 45kph! oops! Deemed it safer to proceed than try to stop on cold brakes.

    However, I have since learnt that a red light camera takes two photos, one as you go over the line and one to confirm that you went through the intersection. So I should've stopped and pulled the car up in the middle of the intersection and I would not have been booked at all.

    Nate, I'm not sure why you're going to court instead of writing a letter of appeal in, though. Have you written a letter and that failed? You don't want to incur court costs, do you? I mean the court will probably through it out right away, but best try and resolve it through a letter first.

    Yesterday my luck finally caught up with me and I got pulled over for speeding for the first time in Oz, on the way back to Adelaide from Port Augusta. Appareantly I was doing 1122kph in a 110kph zone. I got issued with a caution. I'm still yet to get booked for speeding in Oz.
    You got issued with a caution for doing 112km/h in a 110km/h zone. Gee's I would probably still be there after giving the coppa a peice of mind and threatening to see him in court if he even so much as dreamed giving me any sort of official 'caution' or 'infringment'. Bloody 2km/h over, that is ludicrous. I'm very pleased to see people control there temper a lot better than I do

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  10. #10
    XTC
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    Quote Originally Posted by GTI124
    Yesterday my luck finally caught up with me and I got pulled over for speeding for the first time in Oz, on the way back to Adelaide from Port Augusta. Appareantly I was doing 1122kph in a 110kph zone. I got issued with a caution. I'm still yet to get booked for speeding in Oz.
    Did you apply to guinness for the land speed record as well ????
    1122kph !!!!

    - XTC206 -
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  11. #11
    Administrator GreenBlood's Avatar
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    Quote Originally Posted by XTC206
    Did you apply to guinness for the land speed record as well ????
    1122kph !!!!

    - XTC206 -
    Ahh... beat me to it XTC206 1012k's over the limit and just a caution

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  12. #12
    who? when? huh? GTI124's Avatar
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    Sorry meant 122kph

  13. #13
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    84 505 GTi - Sold to a friend... written off 3 months later

  14. #14
    Real cars have hydraulics DoubleChevron's Avatar
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    122km/h !!!!!

    Gee's you just about be bloody done for 'attempted manslaughter' for that sort of speed in victoria. At the very least you'd be given a massive fine, huge demerit points. 113 (3km/h) over the speed limit means you'll be immediatly booked as naturelly your about to KILL and risk an immediate accidents driving that dangerously

    seeya,
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  15. #15
    who? when? huh? GTI124's Avatar
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    It must be awful to live in Victoria, being so close to dying all the time. It must be really stressing.

    Speaking of other stresses, I just ruined a tyre on the new car...it last a whole 11 days. At $395 a tyre, I got around $20 a day out of them, yay!! Friggin South Australians chasrge more for Continentals too. I can get them for $345 in sydney. Bitchin

  16. #16
    1000+ Posts brenno's Avatar
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    Ouch!

    How'd you do that?

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