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Advice, speeding fine

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Post  buford_t_justice Mon 04 Aug 2014, 10:27 am

I copped a ticket the other day,
just wondering what peoples thoughts are on what I should do, cop it and pay ? goto court ?.

I'm probably guilty of the offense, but man it happened in the blink of an eye!  18 year unblemished record gone in 2 seconds Sad

What happened ?
I turned into a street and was greeted with a motorist that looked like they were looking for an address and travelling slowly, after checking everything was safe, I overtook them, guess I picked up a little more speed than I thought, cop gunned me at 82 down to 77, could be right, I don't know, happened too quick. 

The worst bit ? a damn school zone Sad.  I know what you're thinking, but I have 5 kids, and I see people speeding through the school zones when I walk them to school and I think bloody idiot... and I did the same.

I missed the signs as they were right where I did the overtake (and obviously I'm concentrating on the car and anything around it) and the car was over the 40 painted to the road, no other cars or pedestrians around

Yeah I stuffed up, but man, 5 points and $835 Sad


Last edited by buford_t_justice on Mon 04 Aug 2014, 11:16 am; edited 1 time in total
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Post  paul Mon 04 Aug 2014, 11:10 am

It sucks , but do the crime , do the time IMO Unless there is an exceptionally valid reason for your lapse in concentration , I would just cop it on the chin & put it down to experience .
 Unless of course you can convince the rest of the road users to try this......... source ASB
                                                                                                              http://www.driftspec.org/articles/ex-police-sergent-fight-fines-lawyer-how-why

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Post  Jimmy the Boy Mon 04 Aug 2014, 11:30 am

Generally the rule of thumb in NSW is 10 years unblemished record, you'll get off the first one. Then you have to behave for another 10 years. Its well worth writing a letter explaining  exactly what happened, including fine weather conditions and anything else you may think will help your cause.
This information came to me from a traffic cop. Remember the police themselves don't read the letter, its a public servant who reads on average one letter every two minutes. So as soon as they read 18 years unblemished record the pendulum swings in your favour. The school zone may cancel that out though, worth a shot anyway, you can't lose by trying. Goodluck.
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Post  truck Mon 04 Aug 2014, 11:42 am

What was the time of the recorded offence?

(I like that "rule of thumb in NSW is 10 years unblemished record, you'll get off the first one")
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Post  Jimmy the Boy Mon 04 Aug 2014, 11:50 am

Its true. Everyone I know who has had a fine and an unblemished record for ten years or more has got off. Every single one.
I was pulled up for allegedly not coming to a complete stop at a stop sign, I believe I did as did my 3 passengers. The police officer told me to write the letter and even pointed out the correct address to send it too. He said as I hadn't had a ticket in ten years the fine would be waived, thats how it works. I said, why give me the bloody ticket in the first place? I just need to be seen doing my job. He was right.
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Post  buford_t_justice Mon 04 Aug 2014, 11:51 am

Thanks for the advice.
It happened at 9.00am according to the ticket. I was going to my mum's and took a route I don't normally take (of course that's no excuse).

I've applied for leniency, so we'll see what the washup with that is, I'm not hopeful though.


Last edited by buford_t_justice on Mon 04 Aug 2014, 12:07 pm; edited 1 time in total
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Post  buford_t_justice Mon 04 Aug 2014, 11:54 am

Jimmy the Boy wrote:Its true. Everyone I know who has had a fine and an unblemished record for ten years or more has got off. Every single one.
I was pulled up for allegedly not coming to a complete stop at a stop sign, I believe I did as did my 3 passengers. The police officer told me to write the letter and even pointed out the correct address to send it too. He said as I hadn't had a ticket in ten years the fine would be waived, thats how it works. I said, why give me the bloody ticket in the first place? I just need to be seen doing my job. He was right.

Only problem with that is that it uses up your 1 in 10 years for an offense that wasn't committed.
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Post  Jimmy the Boy Mon 04 Aug 2014, 12:07 pm

Yeah, that bit pissed me off but I saved $288 and 2 points. If I paid it I would have still started from scratch regardless. See they even give you a Plus 10 year option. I no speak with fork tongue. Wink
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Post  madmax Mon 04 Aug 2014, 12:15 pm

Write a letter, you've got nothing to lose by doing so.

Chances are you'll have to pay it as it was 37k higher, but its still worth the fight.


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Post  madmax Mon 04 Aug 2014, 12:20 pm

Jimmy the Boy wrote:Its true. Everyone I know who has had a fine and an unblemished record for ten years or more has got off. Every single one.
I was pulled up for allegedly not coming to a complete stop at a stop sign, I believe I did as did my 3 passengers. The police officer told me to write the letter and even pointed out the correct address to send it too. He said as I hadn't had a ticket in ten years the fine would be waived, thats how it works. I said, why give me the bloody ticket in the first place? I just need to be seen doing my job. He was right.

Why not then a written warning? I'm sure he could bring your record up on his computer for confirmation. Then once issued with a warning your 10 years would then start over again. End result would still be the same, without all the red tape.

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Post  Jimmy the Boy Mon 04 Aug 2014, 1:55 pm

Exactly right MM. If he writes you out a ticket theres a paper trail and the chance of some income. If he comes back in having only given out 14 warnings his superior is up him for the rent.
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Post  Truck bandit Mon 04 Aug 2014, 1:55 pm

As a fellow rider I have sympathy and have also lost my licence on 2 occasions from speeding over 30km/h.

I know it hurts in terms of points, in terms of money and in terms of time off the bike it is something that has to be experienced to change your way of thinking.

Your patience may improve for the future and you'll be comfortable cruising behind slow vehicles from now on.

Don't bother writing to get off the fine as it will get held up in the beaureacratic mumbo jumbo and it will just drag on and on.

I agree, do the time, do the crime.

There is always a reason to explain our actions but if a child had been hit, no reason could justify.

Put it down to wrong place / wrong time but use the penalty to improve your riding in the future.

We all know how easy it is with a twist of the wrist on these big litre bikes to kick it up another 20 - 30kph in no time at all. We have to be careful, especially around schools.

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Post  2wheelsagain Mon 04 Aug 2014, 4:03 pm

Mate that sucks.
I have written a plea letter before and got off but you'd be pushing it in a school zone at school time I reckon.

I have also got off at +100km/h. I still dont know how I talked my way out of that  cheers  Was a lights and sirens stop too  Embarassed

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Post  buford_t_justice Mon 04 Aug 2014, 9:39 pm

Any thoughts on pleading guilty and trying for a section 10 (conviction without penalty) ? .. Guess that's my other option if the plea for leniency is fruitless.
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Post  2wheelsagain Mon 04 Aug 2014, 10:18 pm

That would depend on NSW traffic act.  
It's mandatory sentencing in Vic.

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Post  reddog Mon 04 Aug 2014, 11:02 pm

But you're Buford T Justice. Just tell them so Smile
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Post  Jimmy the Boy Tue 05 Aug 2014, 8:24 am

It would only be a matter of looking up how tough your local magistrate is on traffic offenders. Some are quite lenient some are not. Then you really need representation and a day off work. Probably easier to just pay the fine.
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Post  buford_t_justice Tue 05 Aug 2014, 10:30 am

I'm sure they would prefer me to just pay, but that's pointless. 

I may consider representing myself (a friend did that) Maybe the judge will open a can of whoopass on me and let me off with a slap on the wrist  Mad  anyway, things to consider...
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Post  Kiwisteve Tue 05 Aug 2014, 2:39 pm

Don't forget the 5 years that it'll take to get your points back. & during that 5 years, your insurance co will slug you maximum premiums as you are now considered an unsafe driver. Not only on your bike, but any vehicle that is rego'd in your name

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Post  Ewok1958 Tue 05 Aug 2014, 4:40 pm

I thought it was automatic loss of licence if you were 25kmph over the posted speed limit?
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Post  Greg62 Tue 05 Aug 2014, 5:20 pm

In NSW there will be no discretion by the Infringement Processing Unit because it was an active school zone.  (School hours).


Sorry.

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Post  reddog Tue 05 Aug 2014, 7:19 pm

I stand by what I said your Buford T Justice! Tell the law man

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Post  Bosco15 Tue 05 Aug 2014, 9:03 pm

Ewok1958 wrote:I thought it was automatic loss of licence if you were 25kmph over the posted speed limit?

I think that it's over 45km over the limit in Nsw.

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Post  Chook Tue 05 Aug 2014, 9:11 pm

Bosco15 wrote:
Ewok1958 wrote:I thought it was automatic loss of licence if you were 25kmph over the posted speed limit?

I think that it's over 45km over the limit in Nsw.
It varies from State to State, pretty sure it's 30 in SA
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Post  GSFBlue Tue 05 Aug 2014, 9:52 pm

The current situation in NSW is that if you are the holder of "L's" or a Provisional Licence, either red or green, an automatic loss of Licence for three months is incurred for a speeding offence 30 km/hr over the limit. The holders of active, unrestricted Licences (commonly referred to as "blacks"), are in the sin-bin for three months for detected speeds 45 km/hr above the limit.

Penalties for these offences are like being hit with a big stick! However, in all honesty, as we all know, big bikes like Bandits can easily burn up your Licence in a single outing. For that reason alone we have to be vigilant about our manner of riding. Of course then there is the other matter of road safety....

A letter of representation can be sent to the State Debt Recovery Office. Officers in that section (generally public servants but occasionally retired/medially discharged coppers) have a very brief amount of time to make a call on your request for clemency. The document they use is known as the Ministerial Guidelines. Obviously, they measure the contents of the appeal letter and other factors against this document.

You can get more information about the appeal process on the SDRO website.

You must express remorse in your appeal and this means admitting the offence. You can add other mitigating circumstances as you see fit. I wish you well in your endeavours, however, like others have said, I don't like your chances given your speed at that location and at that time. Sorry mate.
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